Classification by your specialist in social insurance law
Hardly any other area of social insurance law is as controversial as disability insurance (IV). For those affected, it is a matter of pure existence: an IV pension determines whether someone is financially secure despite health restrictions – or is pushed to the edge of social welfare.
And yet it is often difficult to understand who receives a pension. While some are awarded them seemingly effortlessly, others fight for their rights for years – confronted with contradictory expert opinions, grueling procedures and high costs. The end result is often a negative IV decision that makes their world fall apart.
The basic problem: four hurdles on the way to an IV pension
In practice, the balancing act between protection and prevention of abuse leads to unfair results. Our experience shows four key hurdles:
- Unequal treatment of illnesses: Physical ailments are often recognized more quickly than mental illnesses, even though their impact on the ability to work can be just as serious.
- The power of expert opinions: A single medical report often decides whether a claim is granted or rejected. If this report is inadequate or one-sided, the chances are minimal without professional defense.
- A grueling process: Anyone applying for a pension often has to wait months or even years for a decision – a time full of uncertainty and financial stress.
- Legal gray areas: Small differences in assessment have enormous financial consequences. This legal uncertainty is extremely frustrating for those affected.
IV pension rejected: How a lawyer can help you
Many of those affected only come forward when their IV pension application has already been rejected. However, early legal advice can be crucial in setting the right course.
We fight for your rights and ensure that:
your medical situation is fully and correctly recorded. We put the IV office’s reports through their paces.
additional medical reports or counter-opinions are obtained in order to present your health situation objectively.
your interests are represented professionally and vigorously in objection proceedings or appeal proceedings in court.
Alternatives such as occupational integration measures or partial pensions can be examined and negotiated to your advantage.
A specialized lawyer knows the pitfalls of the system. We ensure that you do not fail due to formalities or incomplete clarifications.
Do not be discouraged. Act now. – FF-Law Your lawyers for social security law
Our lawyers in Winterthur specialize in social insurance law and can advise and represent you vis-à-vis IV and Suva.
Are you involved in ongoing IV proceedings or has your IV pension been rejected? Don’t wait any longer. Get in touch with us.
We offer a detailed initial consultation (1 hour at CHF 330), on site or via video call. We clarify the next steps together.
FAQ - Frequently asked questions about the IV pension
You are generally entitled to a pension if you are restricted in your ability to work for a longer period of time (at least 1 year) due to a health impairment (illness/accident). The principle of “reintegration before pension” is central. A pension will only be considered if occupational rehabilitation measures are unsuccessful or not possible. An entitlement to a pension arises from a degree of disability of 40%.
Since 2022, new pensions have been subject to a graduated system.
Pension entitlement begins from a degree of disability of 40%. From a degree of disability of 50 to 69%, the percentage of the pension entitlement corresponds to the degree of disability. From a degree of 70%, a full pension is paid out.
For people who already received a pension before 2022, the old system with quarter, half and three-quarter pensions will continue to apply.
Yes, in most cases. If you were employed and paid into a pension fund (2nd pillar), you will generally receive benefits from both bodies in the event of disability: the state IV (1st pillar) and your pension fund.
The exact amount and conditions of the pension from the pension fund are set out in the regulations of your pension fund.
IV proceedings are often lengthy. In practice, it often takes 12 to 24 months from registration to the first pension decision, and considerably longer in complex cases or appeal proceedings.
Yes, as a rule you will first receive a preliminary decision. If you do not agree with this, you can lodge an objection with the IV office within 30 days. Only then will the IV issue the final decision. You can then lodge an appeal against this decision with the competent cantonal insurance court. A lawyer can provide you with decisive support in the objection procedure and in the appeal.
A lawyer specializing in social security law can significantly improve your chances of success. There are usually two ways to finance the costs:
Legal expenses insurance: In most cases, an existing legal expenses insurance will cover the lawyer’s fees. We will be happy to clarify the costs for you.
Self-payment: Without insurance, the costs are borne privately at cost.
In IV law, the free administration of justice generally only comes into effect in the case of judicial appeal proceedings.
For a transparent assessment of your case and the costs involved, we offer an initial consultation for a flat fee fee.
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.
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.
