Federal Supreme Court Case law on IV benefits for severely overweight people amended

The treatability of severe obesity no longer precludes entitlement to a disability insurance pension from the outset. This was decided by the Federal Supreme Court. It is thus adapting its case law on entitlement to disability insurance benefits for obesity.

In a ruling published on Thursday, the Federal Supreme Court took into account the fact that obesity is a chronic, complex physical illness. The case law should therefore be amended to the effect that the basic treatability does not per se preclude a pension claim.

According to the court, the question to be asked in each individual case is how the illness has a limiting effect on benefits. However, even in the case of obesity, there is an obligation to minimize the damage. In this sense, entitlement to an IV pension presupposes that the person concerned undertakes reasonable dietary or drug therapies, behavioral therapies or exercise programs.

SDA