Consideration of a hypothetical earned income of the spouse of the opposing party in the calculation of supplementary benefits (EL)

Facts

B., born in 1948, has been receiving a full disability pension from the Disability Insurance (IV) since July 1, 2002, with a degree of disability of 95%. The Social Insurance Institution of the Canton of St. Gallen granted him monthly supplementary benefits (EL) with effect from July 1, 2005, taking into account a hypothetical income of his wife, born in 1956, of CHF 11,746 per year. The insured person's wife was classified as 70% incapacitated for work by her general practitioner.

The Social Insurance Court of the Canton of St. Gallen overturned the objection decision and referred the matter back to the Social Insurance Institution for further clarification and a new decision. The latter filed a complaint with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that the Social Insurance Institution is obliged to independently clarify the state of health and the ability to work of the insured person's wife. It cannot simply wait for the result of any IV proceedings.

The certificate of the general practitioner dated January 11, 2006 meets the legal requirements for a medical assessment basis. This is to be taken as a basis.

Furthe…