Facts
L., born in 1975, initially received a full IV pension and later a half pension from the IV office of the Canton of Aargau. In August 2007, the IV office initiated a revision procedure and obtained a progress report from the treating psychiatrist. It also had L. examined by a specialist in psychiatry and psychotherapy from the regional medical service (RAD). By decree of 21 April 2008, the IV office reduced the full pension to a half pension. L. filed a complaint against this decision.Considerations
The Federal Supreme Court decided that Art. 44 GSSLA, which regulates the insured person's right to reject an expert appointed by the insurance carrier for good reason, is applicable in proceedings before the IV offices. However, this regulation does not apply to examinations by the regional medical services (RAD). These belong to the administration and their reports constitute internal insurance documents that are not covered by Art. 44 GSSLA.
The Federal Supreme Court explained that the legislator wanted to equip the RAD, following the example of accident insurance, with the competence to conduct their own medical examinations in order to be able to form an opinion with regard to additional clarifications. The RAD…