Rejection of the Pension Claim by the IV Office

Facts

The IV Office of the Canton of St. Gallen had awarded O., born in 1947, a quarter pension from the Disability Insurance (IV) effective June 1, 2007 by decree of December 21, 2009. The Insurance Court of the Canton of St. Gallen overturned this decree and instead awarded the insured person a half pension effective September 1, 2006. Thereupon, the IV Office filed a public law appeal with the Federal Supreme Court with the aim of denying O. any pension entitlement.

Considerations

The Federal Supreme Court considers the appeal of the IV Office to be admissible. Pursuant to Art. 89 para. 2 lit. d FSCA, authorities to whom another federal law grants a right of appeal are entitled to file an appeal. This is the case here, as Art. 41 para. 1 lit. i of the Ordinance on Disability Insurance (IVV) grants the IV Office the right to file appeals with the Federal Supreme Court.

The Federal Supreme Court further states that the IV Office is also aggrieved and entitled to appeal if it has not prevailed or has only partially prevailed with its motions in the previous instance proceedings. This applies here, as the IV Office had requested that O. be denied any pension entitlement, but the cantonal Insurance Court awarded him a half pension.

Finally, the Federal Supreme Court notes…