Rejection of the IV pension claim for persistent somatoform pain disorders

Facts

The Federal Tribunal has rejected the IV pension claim of an insured person suffering from persistent somatoform pain disorders. Although the medical expert opinion concluded a 40% work incapacity, the Tribunal considered that the insured person's psychological resources still allowed her to perform light to moderately heavy gainful employment, in accordance with the relevant case law. The exceptional criteria allowing for a derogation from this principle, such as the particular severity of the disorders, social isolation or the failure of treatments despite the insured person's motivation, were not met in this case.

Considerations

According to case law, the sole diagnosis of persistent somatoform pain disorders does not, as a general rule, result in a long-term limitation of the capacity for work that could lead to an invalidity within the meaning of the IV Act (InvIA). An exception may only be considered if the somatoform disorders are of such severity that the pursuit of gainful employment can no longer be reasonably expected of the insured person, taking into account their psychological resources.

In the present case, although the medical expert opinion concluded a 40% work incapacity due to the somatoform pain disorders and a mild depressive episode, the Tribunal considered that the…