Facts
Ruth B., born in 1928, suffered acoustic damage with complete deafness at the age of 20 due to a medical treatment. Since 1981, she has been receiving a full disability pension. In 1986, her physician applied for the Disability Insurance to cover the costs of approximately 27,000 Swiss francs for a cochlear implant (CI). The CI is an electronic hearing aid in which a stimulation electrode is surgically implanted into the ear, and an externally worn speech processor converts the speech signals into suitable stimulation currents.
The Disability Insurance Commission rejected the application, as the therapeutic success in terms of communication ability had not yet been demonstrated. The insured person then filed a complaint, which was upheld by the Cantonal Appeal Commission for the Compensation Funds Basel-City. Subsequently, the Federal Office of Social Insurance filed an administrative court appeal.
Considerations
The Federal Insurance Court concluded that the CI does not constitute an aid within the meaning of Art. 21 of the Disability Insurance Act (IVG), as it requires a surgical intervention. However, it can be considered a medical integration measure under Art. 12 IVG.
While the CI meets the requirements of scientific validity and appropriateness of the measure, the essential nature of the integration success could be denied…