Facts

The appellant [P.] (born 1964) had been receiving a full disability pension since April 1994. In the context of a review procedure, the IV-Stelle (Disability Insurance Office) of the Canton of Basel-Landschaft determined in 2008 that the insured person's state of health had improved significantly, both in rheumatological and psychiatric terms. Therefore, the disability pension was discontinued with effect from August 2008. The Cantonal Court of Basel-Landschaft dismissed the appeal filed against this decision. [P.] then filed an appeal in public law matters with the Federal Supreme Court.

Considerations

1. The Federal Supreme Court held that the appellant's state of health had improved significantly since the last review of the pension entitlement in 2000. While in 1994 a persistent somatoform pain disorder with depressive mood was diagnosed, leading to complete incapacity for work, neither depression nor somatoform pain disorder could be found in the assessment in 2006. 2. The Federal Supreme Court further stated that in the case of a significant improvement in the state of health, the income based on the improved state of health is generally immediately creditable as income. Only in exceptional cases after long-term receipt of the pension can a pension continue to be granted, until the theoretical performance potential can be exhausted with the help of medical-rehabilitative…