Bundesgericht – Übergewichtige können neu eine IV-Rente beziehen

Translation:

>In the past, severe obesity was considered “surmountable,” and therefore, disability insurance (IV) benefits were generally not granted. However, the Federal Supreme Court has now changed its legal stance.

>__What is obesity?__

>Obesity is severe overweight with a clinical significance. A person is considered severely overweight with a BMI of 30 or higher. In medicine, obesity is classified as a chronic and complex metabolic disorder.

>__What was the specific case about?__

>A former office employee had been unable to work for years because her massive overweight severely limited her mobility. With a BMI of 58, she suffered from the most severe form of obesity. Nevertheless, her application for a IV pension was denied on the grounds that obesity does not constitute a disability because it is “voluntarily surmountable.” In other words, the woman could lose weight and thereby resolve her condition. She contested this decision.

>__What did the Federal Supreme Court decide?__

>The Federal Supreme Court ruled in favour of the affected individual in a landmark decision published today: obesity is a chronic physical illness, and the woman cannot immediately restore her full capacity to work. The fact that obesity is fundamentally treatable does not automatically disqualify a person from receiving benefits. This marks a departure from the court’s previous rulings, which treated obesity as a resolvable problem. Going forward, severe obesity can, in principle, qualify an individual for IV benefits.

>__What is the Federal Supreme Court’s reasoning?__

>The Federal Supreme Court draws an analogy with addiction disorders and depression. In such cases, the focus has long been on the impact of the illness on work capacity rather than whether the person has exhausted all treatment options. A mental health condition, despite being treatable, can still render someone incapable of working, the court stated. The same applies to severe obesity. The assumption that obesity can simply be “willed away” is, in the court’s view, incorrect.

>__What does the ruling mean for people with severe obesity?__

>From now on, cases will be individually assessed to determine how obesity affects a person’s work performance. If someone is unable to work due to obesity, they are entitled to IV benefits. However, the principle of damage mitigation still applies: individuals must make an effort to reduce their weight through diet, exercise, behavioural therapy, and, if necessary, medication. Those who make no effort at all may face warnings and, eventually, reductions or cancellations of their benefits.