Facts
The insured person had been receiving a full simple disability pension since January 1, 1977, based on a degree of disability of 100%. The compensation fund reduced the pension by decision of May 17, 1978, effective June 1, 1978, to a half pension, as the Disability Insurance Commission had estimated the degree of disability at 50%. The insured person filed a complaint against this decision, which was upheld and annulled by the cantonal appeal commission of Basel-Stadt.
The Federal Social Insurance Office then filed an administrative court appeal with the request to annul the cantonal decision and refer the matter back to the administration for further clarification.
Considerations
The Federal Insurance Court states that the question of whether the degree of disability has changed significantly for the pension claim cannot be decided based on the available files. A reliable assessment of disability would require a psychiatric examination of the insured person, an expert opinion from an internist, as well as clarification of the professional reintegration possibilities.
Therefore, the Court annuls both the cantonal decision and the compensation…