Facts
Parties: Appellant [A.] against IV Office Lucerne.
Facts: [A.] , born in 1965, applied for benefits from the Disability Insurance (DI) in February 2019. After investigations, including a multidisciplinary expert opinion from the Baselland Assessment Center (BEGAZ) dated October 5, 2021, the IV Office Lucerne determined a degree of disability of 24% and denied a pension claim with a decision dated February 3, 2022. The Cantonal Court of Lucerne dismissed the appeal against this decision with a judgment dated September 16, 2022.
Appeal: [A.] requests, with an appeal in public law matters, the reversal of the judgment dated September 16, 2022, and the remand of the case to the cantonal court or the IV Office for the procurement of an expert opinion and for a new assessment.
Considerations
The Federal Supreme Court examines the appeal for violations of the law pursuant to Art. 95 et seq. FSCA. It applies the law ex officio (Art. 106 para. 1 FSCA) and bases its judgment on the facts established by the lower court (Art. 105 para. 1 FSCA). It may correct or supplement the findings of fact ex officio if they are obviously incorrect or based on a violation of the law (Art. 97 para. 1 and Art. 105 para. 2 FSCA).
The lower court attributed evidentiary force to the multidisciplinary BEGAZ expert opinion dated October 5, 2021, in which the appellant was certified with a work capacity of 80%. The determination of the degree of disability was made as of August 1, 2019, with the valid income set at CHF 65,004.- and the invalid income at CHF 49,224.-. With the resulting degree of disability of 24%, the cantonal court denied a pension claim.
The appellant argues that his work capacity has deteriorated since the cardiological examination for the BEGAZ expert opinion. The lower court violated the principle of…