Facts
The complainant, [S.] , received a half disability pension from the disability insurance as well as supplementary benefits (EL) due to a cervical spine injury suffered in October 1998. In 1999, [B.] passed away, leaving behind an inheritance in which [S.] had a half share. The compensation fund of Schwyz, which was responsible for paying out the EL, became aware of the inheritance in January 2000 and began to recalculate the EL. In November 2000, the compensation fund demanded that [S.] reimburse the overpaid benefits in the amount of CHF 10,147.-. After [S.] requested a waiver of the reimbursement, the compensation fund cancelled the reimbursement decision in October 2002.
In 2007, the district court of [A.] issued a judgment regarding the division of the estate of [B.] . The compensation fund then demanded that [S.] reimburse the supplementary benefits paid out between October 1, 2003, and September 30, 2008, in the amount of CHF 71,903.-. The administrative court of the canton of Schwyz lifted the reimbursement for the months of February to September 2008 and reduced the reimbursement amount to CHF 62,215.-.
Considerations
The Federal Court had to decide whether the reimbursement of supplementary benefits to AHV/IV for undivided inheritances is justified. The complainant argued that the compensation fund should have recalculated the EL in 2000 and demanded reimbursement of the overpaid benefits. The compensation fund argued that it was only able to recalculate the EL and demand reimbursement after the district court's judgment in 2007.
The Federal Court decided that the compensation fund should have recalculated the EL in 2003 and…