How addicting IV makes alcohol
BGE: Addicts get the chance of an IV pension
(Text contribution from Tages-Anzeiger / Newsnet from August 5, 2019 / by sep / sda)
The federal court recognizes addiction as a disease. In the IV process, this is checked again like a mental illness.
The Federal Supreme Court has changed its case law for assessing the right to an IV pension in the case of addictions. In the future, addiction disorders will be dealt with in the same way as is already the case with mental illnesses. A structured procedure must now be used to clarify whether addictive substance dependency has an impact on the ability to work. This was decided by the second social law department of the Federal Supreme Court in Lucerne in a judgment published on Monday. In individual cases, it must therefore be assessed on the basis of objective standards whether the person concerned can pursue a job in whole or in part despite the diagnosed condition. So far, an IV legal relevance has been denied in a so-called dependency syndrome. An addiction only justified the right to an IV benefit if it resulted in an illness or an accident, or if the addiction was the result of an illness. Basically, it has so far been assumed that the respective person was responsible for their own condition, writes the Federal Court. It was also assumed that dependency could always be lifted through withdrawal.
"Addiction is illness"
The Federal Supreme Court changed its case law on the basis of medical knowledge. From a medical point of view, an addiction is an illness. Therefore, the same point of view as in the case of mental illnesses is necessary. In their judgment, the judges in Lucerne point out that the insured person has an obligation to reduce damage. Therefore, active participation in reasonable medical treatment could be required of her. If a person concerned refuses, a pension can be reduced or canceled.
In the specific case, the Federal Supreme Court upheld the complaint of a man addicted to benzodiazepines and opioids. He had applied for an IV pension in vain. His 50 percent ability to work in the protected area should be gradually increased as the therapy continues. The pension that has now been awarded will be reviewed in due course.
(Judgment 9C_724 / 2018 of 07/11/2019)
Thanks to the ruling, municipalities save on social assistance (Text excerpt from August 7, 2019 / by Tobias Bruggmann)
The Federal Supreme Court has decided: In the future, addicts should also be able to receive an IV pension. The decision could relieve the communities.
Alcohol, drug or drug addiction is an illness - the federal court officially confirmed that on Monday. This decision has consequences for those affected: You can apply for an IV pension in the future. Good news not just for addicts - communities could benefit too. The IV pensions are paid by the federal government - unlike the social assistance for which the municipalities have to pay. How many addicts are receiving social assistance today is not recorded. But: "Addictions go hand in hand with an increased risk of social welfare dependency, which grows as the addiction disease progresses," replied the Federal Council in 2016 to an interpellation by SVP National Councilor Andrea Geissbühler (43) ...
In order for an addict to receive an IV pension, it must be clear that the person concerned cannot work. A doctor decides that. For this purpose, the addict can be obliged to undergo therapy. If he does not do this, the benefits will be reduced or canceled entirely. Markus Kaufmann von der Skos is happy about the decision of the Federal Supreme Court for another reason: "IV often has more options and better instruments to support those affected in their professional integration."
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