In its ruling 8C_104/2024 of 22 October 2024, the Federal Supreme Court amended its case law on disability insurance for obesity. Previously, obesity was considered treatable in principle, which ruled out any entitlement to a pension. It is now recognised that the fundamental treatability of obesity no longer precludes entitlement to a disability pension from the outset. However, those affected must undergo reasonable treatment, such as dietary therapy or an exercise programme.

In the specific case, A. had last worked as a commercial employee. She registered with the disability insurance fund on 8 January 2012 due to knee pain. The disability insurance office awarded her a temporary full disability pension from 1 July 2012 to 31 January 2013. This decision was confirmed by the Social Insurance Court. In May 2017, A. again applied for a disability pension and a helplessness allowance. The IV office rejected the pension application as obesity was not considered a disabling condition. The Insurance Court of the Canton of Aargau dismissed the appeal. A. then lodged an appeal with the Federal Supreme Court.

The Federal Supreme Court stated that the case law on obesity was originally based on the case law on addictive disorders. However, now that the special case law on addiction disorders and previously on depression had also been abandoned, a special case law for obesity was no longer justified. In the case of disability insurance, it is not self-culpability that plays a role, but the functional limitations of the person concerned. Even a fundamentally treatable illness such as obesity does not per se mean that no disability pension is granted. Treatment that leads to a significant reduction in weight requires considerable resources from the person concerned. In previous judgements, the Federal Supreme Court has declared that the treatability of mental disorders is not the sole deciding factor for the question of disability. Therefore, obesity cannot be considered irrelevant for disability insurance on the basis of treatment that is reasonable in principle.

The duty to mitigate loss also applies to obesity, which means that the insured person must actively participate in reasonable treatments such as diets, medication or behavioural therapies as well as exercise therapies. If the insured person breaches this obligation and deliberately maintains the pathological condition, benefits may be reduced or refused after the person has been made aware of their behaviour and given a period of reflection. In the present case, however, it was not apparent that the IV office had imposed a corresponding duty to minimise damages on the person concerned.

The Federal Supreme Court therefore found that the lower courts had not taken into account the change in case law on disability insurance in the case of obesity. It overturned the judgement of the Insurance Court of the Canton of Aargau and referred the case back to the lower instance for a new assessment. The latter must now examine whether A. has undergone reasonable treatment and whether he is entitled to a pension.