Partial Approval of the Administrative Court Appeal of the IV Office of the Canton of Thurgau

Facts

E., born in 1958, suffered a traffic accident with injuries to the cervical spine on January 30, 1992. From 1995 onwards, she worked part-time as a counter secretary/clerk at school X. On March 29, 1995, she applied for a disability pension to the Disability Insurance (IV). The IV Office of the Canton of Thurgau initially rejected the claim for benefits, whereupon E. filed an appeal. The cantonal Appeals Commission upheld the appeal and awarded E. a half pension. Thereupon, the IV Office filed an administrative court appeal with the request to award E. only a quarter pension.

Considerations

The Federal Insurance Court states that the mixed method of disability assessment according to Art. 27bis IVV is lawful. Accordingly, the disability of partially employed insured persons with a scope of duties under Art. 5 para. 1 IVG is to be assessed on the basis of the actual or hypothetical part-time…