Jugement Kantonsgericht (VD - Jug/2020/142)

Canton:	VD
Case number:	Jug/2020/142

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid Jug/2020/142 vom 02.04.2020 (VD)

Date:	02.04.2020
Force of law:	-

Summary:	The insured A._____, who suffered a psychotic illness in August 2014, applied for a pension from the Disability Insurance (IV). The IV refused the application, since the degree of disability of the insured was less than 40%. The insured filed a complaint with the Federal Court, which gave her the right. The Federal Court agreed with the opinion of a psychiatric expert who had found a degree of disability of 60%. The Federal Court ordered that the IV of the insured must pay half a pension retroactively from August 2014. More detailed summary The insured A._____, born in 1992, suffered a psychotic illness in August 2014 at the age of 21. She was subsequently treated in a psychiatric clinic and had to stop her studies. In May 2015, A.______ registered with the IV and applied for a pension. The IV refused the application, since the degree of disability of the insured was less than 40%. A.______ filed a complaint with the Federal Court. The Federal Court obtained an expert opinion from a psychiatric expert, who determined a degree of disability of 60%. The Federal Court granted the complaint A.______s. It joined the expert's opinion and ordered that the IV of the insured must pay half a pension retroactively from August 2014. Justification of the Federal Court The Federal Court stated that the degree of disability of the insured due to their mental illness is at least 60%. The insured person is not able to work due to her illness. The Federal Court also pointed out that the insured already had a disability level of 40% in August 2014. Since her state of health has deteriorated since then, her level of disability is higher today. Consequences of the verdict As a result of the Federal Court's ruling, the IV of the insured must pay half a pension retroactively from August 2014. The insured person thus receives financial support that enables him to make a living.
Rule of Law:	Art. 10 SchKG;Art. 100 BGG;Art. 23 SchKG;Art. 73 SchKG;
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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