People suffering from obesity are now entitled to AI benefits under certain conditions. The fact that this disorder can be treated no longer immediately excludes the granting of an annuity, considers the Federal Court which adapts its case law.
Until now, obesity was not in principle considered a disability giving entitlement to a pension. It only came under disability insurance (AI) if it caused physical or psychological disorders or if such attacks were the cause, recalls the 4th Court of Public Law in a judgment published Thursday.
This case law was based on the idea that returning to a normal weight was a question of will. It was inspired by that developed for addictions. However, the practice concerning the latter has evolved: now, the AI office must assess to what extent the addiction influences the work capacity of the insured person.
Complex disease
For the Federal Court, there is no justification for maintaining case law specific to obesity which excluded any right as long as treatment was possible. Indeed, obesity is a chronic and complex somatic disease.
From now on, it is necessary to ask on a case-by-case basis to what extent the illness restricts the ability to work. But the obligation to reduce the damage also applies to obesity: the right to an AI pension presupposes that the person concerned undertakes the treatments which may be reasonably required, for example dietary, medicinal or behavioral therapies or even a program physical activity.
In this case, the Federal Court partially admits the appeal of an Argovian woman suffering from class III obesity, i.e. the extreme stage, who had requested a pension in vain. For the judges, it is obvious that the person concerned is not able to work 100% immediately. The AI Office of the canton of Aargau must re-examine his case and order medical examinations regarding the obligation to reduce the damage. (judgment 8C_104/2024 of October 22, 2024)
ats/miro
Business
Related News :