Facts
The complainant had been receiving a full disability pension since 1 March 2004. The InvIA office of the canton of Zurich discontinued the pension as of 1 January 2009, after it had determined that the complainant's state of health had improved significantly. The complainant requested the cancellation of the decision and the recovery of the unlawfully received pensions.
The Social Insurance Court of the canton of Zurich dismissed the complaint. The complainant filed a complaint with the Federal Court and requested the cancellation of the decision and the recovery of the unlawfully received pensions.
Considerations
The Federal Court examined the lawfulness of the pension discontinuation and the recovery of the unlawfully received pensions. It found that the InvIA office had not fully clarified the facts up to the time of the decision, but this was not decisive.
The court found that the lower court had correctly stated the legal grounds for disability, pension revision, and reimbursement of unlawfully received benefits. It found that the complainant had culpably breached his reporting obligation by failing to report his improved state of health.
The court ruled that the InvIA office was entitled to discontinue the pension retroactively and take into account the improvement in earning…