Dismissal of the disability pension application due to lack of a disability-causing health damage

Facts

The appellant, [A.] , born 1953, applied for benefits from the disability insurance on 24 November 2006. The Cantonal InvIA office of Valais rejected the claim for a disability pension due to lack of a disability-causing health damage. The Cantonal Court of Valais dismissed the appeal lodged against this decision. The appellant is now filing an appeal in public law matters and requests that the decision of the lower court be reversed and that he be granted a full disability pension.

The parties are

• The appellant, [A.]
• The respondent, Cantonal InvIA office of Valais

The decision of the Cantonal Court of Valais of 3 December 2008 was reviewed by the Federal Supreme Court.

Considerations

The Federal Supreme Court bases its judgment on the facts established by the lower court. The appeal in public law matters can be filed due to legal violations according to Art. 95 f. FSCA.

The amendments to the Federal Act on Disability Insurance (InvIA) and other enactments, such as the Federal Act on the General Part of Social Insurance Law (GSSLA) of 6 October 2006, came into force on 1 January 2008. When examining a potential claim for a disability pension that may have arisen prior to this date, the general intertemporal rules apply.

The lower court correctly stated the provisions regarding the scope of the pension claim, the determination of the degree of disability using the income comparison method, and the principles regarding the significance…