The political issue of faulty IV reports: New opportunities for those affected soon? What the planned reason for revision of IV reports really means.
Imagine your application for an IV pension is rejected – based on an expert opinion that later turns out to be part of a systematic botch-up. Until now, those affected have hardly had a chance to overturn such decisions. A motion adopted by the National Council and Council of States in mid-2025 is now initiating the creation of a new “reason for revision”. But what does this mean, and is the hope justified?
What is a “reason for revision”? (Simply explained)
A legally binding decision by an authority or a court is normally final. A ground for appeal is something like an emergency key that allows a closed case to be reopened as an exception.
Motion 25.3006 calls for just such a new emergency key to be enshrined in law: if the Federal Commission for Quality Assurance in Medical Assessment (FCAQA) withdraws the approval of an assessment company due to serious and systematic deficiencies, this should in future be an official reason for re-examining legally binding IV decisions.
The political background: years of criticism as a trigger
The motion was not created in a vacuum. The political pressure for such a solution has been building for years:
Massive criticism of expert reports: Faulty IV reports have been a major political issue for years. They are repeatedly criticized for being inadequate, contradictory or one-sided. Scandals like the one surrounding the appraisal company PMEDA have shown the existential consequences that incorrect expert opinions can have for those affected.
Demands from associations: Organizations such as Procap and Inclusion Handicap have been calling for years for effective mechanisms to strengthen the rights of insured persons in the event of incorrect assessments and to enable corrections to be made.
This sustained pressure led to Parliament recognizing the need for action and adopting the motion.
Why this new reason for revision would be so important
Until now, those affected have had to laboriously prove that the expert opinion in their case is incorrect. This is often extremely difficult.
The approach proposed in the motion is different:
The focus would be on the system error: it would not be the individual insured person, but the supervisory commission that would determine that an appraisal office had fundamentally worked incorrectly.
Automatic effect: This finding should be considered an official ground for appeal. Those affected could invoke it and would no longer have to prove everything on their own.
This mechanism should finally create justice for those who have been victims of scandalous appraisal companies.
The big worry: an emergency key that might not fit into the lock
Although the motion was adopted, there is still a long way to go before the law is finalized. As the
Requirements too high: Critics fear that the criteria for “serious and systematic deficiencies” will be defined so strictly that the hurdle will hardly ever be reached in practice.
The question of retroactivity: The biggest fear is that tight deadlines or other clauses in the future law will prevent it from being applied to old cases.
Conclusion: A mandate for politicians, but not yet a law
The adoption of the motion is a strong political signal. Parliament has instructed the Federal Council to create a law that strengthens the rights of insured persons.
However, it remains to be seen whether this mandate will result in an effective law. Everything now depends on the
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FAQ - Frequently asked questions about the planned grounds for revision in the event of incorrect IV reports
No, unfortunately that is not yet possible. The adopted motion is only the starting signal for the legislative process. The Federal Council must now draw up a law, which will then be discussed again by Parliament. Only once this law has been definitively passed and comes into force will those affected be able to submit an application.
A ground for appeal is like an emergency key for a procedure that has actually been concluded. It allows a final decision to be re-examined because a serious new circumstance has come to light. Parliament now wants to create just such a new reason: the official finding that a review body has systematically performed poorly. However, the law for this has yet to be drafted.
According to the planned law, this would be the task of the Federal Commission for Quality Assurance in Medical Assessment (EKQMB). It is the official and independent supervisory body. The new reason for revision would only apply if this commission were to withdraw the approval of an expert body due to serious deficiencies.
No, this is an important point. The new reason for review does not give you any guarantee of a pension or other benefits. It merely gives you the right to a new, fair review of your case with a new expert opinion. The outcome of this review is completely open.
Patience is the most important thing at the moment, but you can prepare yourself. It is advisable to collect your documents (IV decision, expert opinion, procedural files) and obtain information from a specialist legal advice center (e.g. from Procap, Inclusion Handicap or a lawyer) at an early stage. However, concrete legal action is generally only possible once the law is definitely in force. It is not yet possible to predict when this will be the case.
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.
