Facts
The Old Age and Survivors' Insurance Institution of the Canton of Zurich granted supplementary benefits to the pensioner [A.] and her deceased husband, taking into account an "unsubstantiated asset consumption" of CHF 79,000. [A.] filed a complaint against this. The Social Insurance Court of the Canton of Zurich overturned the objection decision and remanded the case for a recalculation of the entitlement to supplementary benefits as of January 2015 without considering any waived assets. The Old Age and Survivors' Insurance Institution appealed against this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the cantonal court had not violated the burden of proof of the benefit claimant. She had demonstrated through the submission of documents such as tax files and account statements that the assets had been used for general living expenses. The Federal Supreme Court…