| Canton: | VD |
| Case number: | 2017/951 |
| Instance: | Kantonsgericht |
| Department: | Sozialversicherungsgericht |
| Date: | 07.06.2019 |
| Force of law: | - |
| Summary: | An insured person who is unable to work due to back pain applies for a disability pension. The Federal Social Insurance Office (FSIO) rejects the application because the insured person still has an opportunity to earn a living in another profession. The insured person is suing before the Federal Supreme Court. The Federal Supreme Court overturns the FSIO's decision and awards the insured person a disability pension. The Federal Supreme Court justifies its decision by stating that the insured person is no longer able to carry out his or her previous activity. More detailed summary: The insured, A. V.________, had been working as a chef déquipe at A.________ SA since 2001. In June 2011, he had to give up his job due to back pain. He then applied for a disability pension. The FSIO rejected the application because it was of the opinion that the insured person still had an opportunity to earn a living in another profession. It referred to the fact that the insured person had trained as a cook and was employed in th |
| Rule of Law: | Art. 100 LTF;Art. 17 LP;Art. 44 LP;Art. 49 LP;Art. 55 LP;Art. 6 LP;Art. 8 LP; |
| BGE reference:: | - |
| Comment: | - |
Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.
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