Swiss court recognises obesity as a disability under certain conditions

Practice with regard to addictions has changed, the Court said, and the invalidity insurance office must now assess the extent to which the addiction affects the insured person's ability to work. Keystone-SDA

People suffering from obesity are now entitled to an invalidity pension in certain cases. The fact that the condition can be treated no longer automatically excludes the granting of benefits, ruled the Federal Court, which is adapting its case law.

Until now, obesity was not in principle considered to be a disability that entitles a person access to an invalidity pension. It was only covered by invalidity insurance if it led to physical or psychological disorders or if such disorders were the cause, the Court pointed out in a ruling published on Thursday.

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This case law was based on the idea that returning to a normal weight was a matter of will. It was inspired by the case law developed for addictions. However, practice with regard to addictions has changed: the invalidity insurance office must now assess the extent to which the addiction affects the insured person’s ability to work.

Complex illness

According to the Federal Court, there is no justification for maintaining the case law specific to obesity, which ruled out any entitlement where treatment was possible. Obesity is a chronic and complex somatic disease.

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From now on, the extent to which the disease restricts the ability to work will have to be considered on a case-by-case basis. But the obligation to reduce the damage also applies to obesity: entitlement to an invalidity pension presupposes that the person concerned undertakes the treatment that can reasonably be required, for example, dietary therapy, medication, behavioural therapy or a physical activity programme.

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In this case, the Federal Court partially upheld the appeal of a woman from canton Aargau who suffers from class III obesity, i.e., the extreme stage, and who had unsuccessfully applied for a pension. The judges ruled that it was clear the woman was not immediately able to work at 100%. The cantonal invalidity insurance office must now re-examine her case and order medical examinations concerning the obligation to reduce the damage.

Translated from French with DeepL/gw

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