| Canton: | VD |
| Case number: | 2020/262 |
| Instance: | Kantonsgericht |
| Department: | Sozialversicherungsgericht |
| Date: | 04.05.2020 |
| Force of law: | - |
| Summary: | A 55-year-old museum guard suffering from severe depression receives a disability pension. The pension is calculated with a degree of disability of 80%. The insured person is no longer able to carry out his previous activity as a museum guardian. He is also not able to engage in any other activity in the general labor market. The insurance court annuls the decision of the cantonal insurance Office and awards the pension to the insured. More detailed summary: The 55-year-old A. Z.________ suffers from a severe depression. He is no longer able to carry out his previous activity as a museum guard. He is also not able to engage in any other activity in the general labor market. The insured person applied for a pension from the disability insurance. The Cantonal Insurance Office rejected the application. It came to the conclusion that the insured was not incapacitated. The insured filed a complaint with the insurance court. The insurance court overturned the decision of the cantonal insurance Office and awarded the insured a pension. The insurance court based its decision on the fact that the insured was no longer able to pursue gainful employment due to his mental illness. The depression of the insured was so severe that it could not be sufficiently alleviated even with treatment. The judgment of the Insurance court is final. |
| Rule of Law: | Art. 100 LTF;Art. 49 LP;Art. 55 LP;Art. 56 LP;Art. 6 LP;Art. 60 LP;Art. 7 LP;Art. 8 LP; |
| BGE reference:: | - |
| Comment: | Affolter-Fringeli, Vogel, Stettler, Berner , Art. 298, 2016 |
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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