Facts

The claimant, a severely visually impaired masseur, requested the disability insurance to cover the costs of an administrative assistant up to CHF 297.60 per month, on the grounds that he was unable to perform certain administrative tasks due to his disability. The compensation fund of the canton of Bern rejected this request. The Insurance Court of the canton of Bern annulled this decision and referred the case back to the administration for further examination, considering that it should be verified whether the claimant was entitled to specific aids for the blind that would allow him to perform these administrative tasks himself. The Federal Social Insurance Office then appealed against this decision, requesting the restoration of the compensation fund's decision.

Considerations

According to case law, the disability insurance can only cover the costs of third-party services if the insured person would meet the conditions for the granting of a specific auxiliary aid, but cannot use it due to circumstances related to their person. However, third-party services can only replace an auxiliary aid to the extent that they allow to compensate for the loss of certain parts or functions of the body, in order to enable the insured person to go to work or perform their professional tasks. In the present case, the activity of the administrative assistant goes beyond this framework, as…