Dismissal of the Appeal against the Revocation of the Disability Pension and the Reclamation of Benefits

Facts

[A.] , born in 1962, initially received a half and from 1994 a full disability pension from the IV-Office of the Canton of Zurich. In 2016, criminal proceedings were initiated against him on suspicion of insurance fraud. As a result, the IV-Office provisionally suspended the pension and retroactively revoked it from October 2005 onwards, as it assumed based on an interdisciplinary expert opinion and observation results that [A.] had been fully capable of working again at the latest from October 2005. The IV-Office demanded the repayment of the pension benefits paid from October 1, 2005 to December 31, 2017, amounting to originally CHF 249,589.-. The Social Insurance Court of the Canton of Zurich reduced the reclamation amount to CHF 180,282.-. [A.] appealed against these judgments of the Social Insurance Court to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeals. It confirmed that the IV-Office had rightly assumed a ground for revision under Art. 53 para. 1 GSSLA and had retroactively revoked the pension, as [A.] had been fully capable of working again at the latest from October 2005. The reclamation of the unjustly received pension benefits was also lawful, whereby for the period from July 2008 onwards, the reclamation…