Aargau IV office wrongly canceled pension for migraine patient
Published: Thursday, Aug 15th 2024, 12:00
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The IV office of the Canton of Aargau has wrongly revoked the disability pension of a woman suffering from chronic migraines. This was decided by the Federal Supreme Court. The authority was of the opinion that the pension had been wrongly approved in 1999.
The competent IV office of the Canton of Solothurn awarded the insured person, who was 36 years old at the time, a full pension from January 1999. It based its decision on the reports of a psychiatrist, a neurologist and the family doctor and came to the conclusion that she was completely unable to work. This decision was confirmed in subsequent appeal proceedings.
The Aargau IV office responsible subsequently reduced the previous pension to half in 2017. In 2023, it canceled the pension after the degree of disability was corrected again. The cantonal insurance court dismissed the appeal of the person concerned. It was of the opinion that the 1999 decision was incorrect, as only the psychiatrist had explicitly commented on the incapacity for work.
Cluster headaches
In a ruling published on Thursday, the Federal Supreme Court overturned the decision of the lower court in Aargau. The previous half pension remains in place. The award of the pension in 1999 on the basis of the treating doctors seems astonishing today. Based on the factual and legal situation at the time, there was no overall breach of the duty to investigate. The pension award at that time was therefore not undoubtedly incorrect.
As the Federal Supreme Court states in its considerations, the earlier appeal proceedings revealed that the woman had probably suffered from so-called cluster headaches from the outset, which are very severe and occur regularly. (Judgment 8C_42/2024 of 9.7.2024)
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