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Refusing IV integration measures

Refusing IV Integration Measures

Refusing IV Integration Measures: What if you are not fit for work?

Rechtsanwalt Matthias Fricker

Matthias Fricker

Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.

Rechtsanwalt Fabian Füllemann

Fabian Füllemann

Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.

Many of those affected find themselves in a difficult situation: the IV office demands that they take part in occupational rehabilitation measures – even though they consider themselves to be completely unfit for work. But what happens if an insured person refuses an IV reintegration measure? What does the duty to cooperate mean? And what rights do insured persons have?

🎯 “Integration before retirement”: The principle of disability insurance

The IV follows the principle of “reintegration before pension“. Before a pension decision is made, the IV checks whether (partial) occupational reintegration is possible. To this end, it often asks insured persons to take part in so-called reintegration measures integration measures – such as resilience training, an integration program, a medical measure or an assessment of their ability to work.

⚠️ Refuse IV reintegration measures: Are there consequences?

Yes – Insured persons who refuse an IV reintegration measure without a valid reason risk serious consequences:

  • Rejection of the IV pension
  • Reduction or discontinuation of daily allowances
  • Breach of the duty to cooperate(Art. 43 ATSG)

This also applies if the IV pension has not yet been awarded: The duty to cooperate already applies in the run-up to the benefit assessment.

🧠 What if I really am not fit for work?

Anyone who is completely unable to work despite IV reintegration measures must provide clear and timely proof of this – e.g. by means of

  • Medical reports (family doctor, psychiatrist, specialists)
  • Expert opinion on incapacity for work
  • Documentation of health restrictions

It is important that the unreasonableness of the measure is made plausible and comprehensible. This is because the burden of proof generally lies with the insured person.

🖋️ Don’t sign the declaration of willingness to take an IV measure – what to do?

The IV sometimes requires a written declaration of willingness to participate in occupational measures – often combined with a predefined resilience profile (e.g. “70% ability to work, light activity in a sitting position”).

➡️ If this profile does not correspond to reality, the declaration should not be signed, but commented on in writing:

“The fitness for work stated in the declaration of readiness does not correspond to my actual health situation. I currently consider myself to be completely unfit for work and request a medical reassessment.”

This signals a willingness to cooperate without confirming false information.

📎 Alternative: postpone or suspend the IV measure

If a complete refusal does not seem reasonable, you can also apply for a temporary suspension or postponement of the measure – for example with reference to:

  • Unstable health situation
  • Upcoming treatment or hospitalization
  • Lack of resilience for integration

Here too, the better the medical evidence for the situation, the more likely an application for suspension will be accepted.

✅ Conclusion: No rash refusal – but clear objection in case of unreasonableness

It is regularly problematic when insured persons refuse IV reintegration measures without further justification. However, anyone who considers themselves unfit for integration for health reasons has the right to give sound reasons for this – and does not have to sign a hasty declaration.

IV measure rejected or overburdened?

Our law firm specializes in social insurance law. We support you in dealing with the IV office or other insurance providers and protect your rights – objectively, assertively and with medical understanding.

📌 Our lawyers for social security law can help you.

📞 Contact us for an initial consultation (CHF 330.00) – on site or online.

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