Facts
[A.], born in 1964, first registered with the Disability Insurance (IV) to claim benefits on December 11, 2001. After several registrations and rulings, the IV-Stelle Luzern awarded him a quarter pension with effect from September 1, 2018 by ruling of July 3, 2020.
[A.] filed a complaint against this ruling and requested the granting of a full pension from September 2016. The Cantonal Court of Lucerne partially upheld the complaint and awarded [A.] a quarter pension from December 1, 2017, a full pension from March 1, 2018, a three-quarter pension from August 1, 2018, and a quarter pension from November 1, 2018.
[A.] then filed a public law appeal with the Federal Supreme Court. The issue to be examined was whether the lower court violated federal law by affirming only an entitlement to a quarter pension, not a half pension, from December 1, 2017 to February 28, 2018 and from November 1, 2018.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the previous case law, for a determination of the degree of disability as realistic as possible by means of an income comparison according to Art. 16 ATSG, in the absence of concrete wage data, is subsidiarily oriented towards the central or median values of the LSE, which reflect the balanced labor market.
The possibilities of a deduction of up to 25% from the tabular wage and parallelization are available as correction instruments. The Federal Supreme Court sees no reason to change this practice, as neither the statistical BASS expert…