Facts
This judgment concerns a dispute between the IV-Stelle of the canton of Zurich and S., with the intervention of the Cantonal Social Insurance Court of Zurich. The case involves the determination of the indemnity of the court-appointed lawyer in administrative proceedings regarding disability insurance. The facts are as follows: the IV-Stelle of the canton of Zurich issued a decision regarding the indemnity of the court-appointed lawyer, which was contested by S. before the Cantonal Social Insurance Court of Zurich. The court annulled the decision of the IV-Stelle and awarded the court-appointed lawyer an indemnity of 1,278.70 Swiss francs (including value-added tax and travel expenses). The IV-Stelle appealed this decision before the Federal Social Insurance Court.
The parties involved are the IV-Stelle of the canton of Zurich, S., and the Cantonal Social Insurance Court of Zurich. The proceedings began on 10 December 1999. The main issue is the determination of the indemnity of the court-appointed lawyer in administrative proceedings regarding disability insurance.
Considerations
The Federal Social Insurance Court examined the question of according to which rules the indemnity of the court-appointed lawyer in administrative proceedings regarding disability insurance must be determined. It found that the regulation of the determination of the indemnity of the court-appointed lawyer is left to cantonal law, in the absence of federal provisions. The Federal Social Insurance Court can therefore only verify whether the application of the cantonal provisions has led to a violation of federal law.
The Federal Social Insurance Court also examined the question of whether the determination of the indemnity of the court-appointed lawyer in administrative proceedings regarding disability insurance can be equated with the determination of the portion of the procedural costs in the appeal procedure. It found that the two cases must be treated in the same manner, i.e. the determination of the indemnity of the court-appointed lawyer must be left to cantonal law.
Consequently, the Federal Social…