Challenging a disability insurance decision
The draft decision and the final decision
The disability insurance (IV/AI) office generally issues a draft decision, allowing the insured person to raise objections before the final decision. Once the decision has been issued, it states the legal remedies available to challenge it.
The objection
An insured person who disputes a disability insurance decision can file a written objection within 30 days of its notification (art. 52 ATSG/LPGA), setting out the grounds for their objection. The disability insurance office then re-examines the file and issues a decision on the objection, which can confirm, amend, or annul the initial decision.
Appeal to the cantonal insurance court
If the decision on the objection does not satisfy the insured person, they can bring it before the competent cantonal insurance court, within a 30-day period from its notification. A further appeal to the Federal Supreme Court remains possible under the general conditions for appeals in public law matters.
The importance of medical expert opinions
Disability insurance decisions rely very heavily on medical expert opinions. Challenging a decision often means disputing the probative value of these opinions, possibly by submitting a contrary medical opinion or requesting a counter-assessment, which makes assistance from a specialised lawyer particularly useful in these proceedings.
Frequently asked questions
Within what deadline can I object to a disability insurance decision?
Within 30 days of notification of the decision, through a written and reasoned objection addressed to the disability insurance office (art. 52 ATSG/LPGA).
What happens after an objection?
The disability insurance office re-examines the file and issues a decision on the objection, which can confirm, amend, or annul the initial decision. This new decision can then be brought before the cantonal insurance court.
Why are medical expert opinions so important in these proceedings?
Because disability insurance decisions rely very heavily on them to assess the degree of disability and remaining working capacity. Challenging a decision often means disputing the probative value of these opinions.