Facts
The dispute concerns the determination of the compensation awarded to the court-appointed lawyer in the disability insurance opposition procedure. The IV-Stelle of the canton of Zurich set the compensation at CHF 160 per hour, in accordance with the circular of the Federal Social Insurance Office (OFAS). However, the cantonal court considered this amount to be too low and set the compensation at CHF 200 per hour (plus VAT).Considerations
According to case law, the examination of the amount of compensation for the court-appointed lawyer should not only focus on the prohibition of arbitrariness, but also on whether the relevant provisions of federal law have been violated or whether the administration has abused its discretionary power. The Federal Tribunal considers that the setting of a single fee rate for the whole of Switzerland, as provided for in the OFAS circular, is not in itself contrary to the law. However, the rate of CHF 160 per hour is too low. The rate of CHF 200 per hour set by the cantonal court is in accordance with federal law.
The Federal Tribunal notes that the cantonal differences in the fee scales of lawyers and in the compensation awarded by the courts in the case of free legal aid reflect the different regional cost structures in the legal profession. When the need for free legal aid is recognized and the…