Facts
T. (born 1978) worked without a completed vocational training in the packaging industry and most recently as a domestic worker. Due to back problems, she suffered a vertebral body burst fracture in the thoracolumbar transition area as a passenger in a car accident on June 25, 2005. The IV office of the canton of Lucerne rejected the pension claim with a degree of disability of 25 percent after conducting the preliminary decision procedure and based on an expert opinion from the Institute Y. of April 7, 2008.
The insured's appeal against this decision of January 19, 2009 was dismissed by the Administrative Court of the Canton of Lucerne. Thereupon, the insured filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the IV office, as the implementing body of the disability insurance, does not act as a party but as an authority obliged to neutrality and objectivity in the execution of the law, as long as no appeal proceedings are pending in the matter. Therefore, it cannot be concluded from the formal party status of the IV office in the court…