Best Disability Insurance Lawyers in Arlesheim
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Find a Lawyer in ArlesheimAbout Disability Insurance Law in Arlesheim, Switzerland
Disability Insurance in Switzerland is part of the first pillar of the social security system and is governed at federal level by the Disability Insurance Act. In German it is called Invalidenversicherung and abbreviated as IV. It aims to preserve or restore the ability to work through early detection and reintegration, and only if that is not achievable does it provide a disability pension. Residents of Arlesheim fall under the cantonal implementing authority for Basel-Landschaft, commonly referred to as the IV office Basel-Landschaft or SVA Baselland. The system is coordinated with other Swiss insurances such as old age and survivors insurance, occupational pensions, accident insurance, and health insurance.
Benefits can include vocational reintegration measures, assistive devices, daily allowances during measures, disability pensions, and child supplements. Since 2022, new IV pensions use a graduated scale between 40 percent and 69 percent disability, with a full pension at 70 percent or more, reflecting the priority on targeted reintegration rather than an all-or-nothing approach.
Why You May Need a Lawyer
You may need legal support if your initial application is denied, if the degree of disability used to calculate your pension is disputed, or if you are offered reintegration measures that do not match your health limitations or qualifications. A lawyer is often helpful when navigating complex cases such as mixed status assessments for people who split time between paid work and household duties, when there are conflicting medical opinions, or when a revision reduces or stops an existing pension. Legal advice can be crucial if there is a repayment claim for alleged overpayments, if your health condition involves mental health or fluctuating symptoms, or if your situation requires coordination with accident insurance, occupational pension benefits, unemployment benefits, or private disability cover. Cross-border situations and residency questions also benefit from legal guidance.
Local Laws Overview
The key legal framework is federal: the Disability Insurance Act sets the substantive rules, and the General Part of the Social Insurance Law governs procedure, deadlines, and general rights. Arlesheim is in the canton of Basel-Landschaft, where the IV office Basel-Landschaft administers claims, arranges medical assessments, and issues decisions. Objections to IV decisions generally must be filed within 30 days. If the IV office does not change its decision after objection, you can appeal to the competent social insurance court in Basel-Landschaft, and further to the Federal Supreme Court for points of law.
Eligibility hinges on a lasting health impairment that causes a reduction in earning capacity or in usual activities such as managing a household. The degree of disability is determined by comparing potential earnings without impairment to earnings with impairment. For people who are not fully employed, a mixed method evaluates both paid work and household tasks. Since 2022, new pensions are calculated on a continuous scale between 40 percent and 69 percent disability, with a full pension at 70 percent or more. Earlier pensions may be adjusted to the new system during a lawful review.
Reintegration has priority over pensions. The IV can offer early detection, early intervention, medical aids, workplace adaptations, training, and re-training. Daily allowances may be paid during certain measures. The IV coordinates with accident insurance for accident cases, with occupational pensions for additional disability benefits, and with health insurance for medical treatment. Medical assessments are often performed by approved interdisciplinary centers. Time limits are strict, and certain periods such as federal court holiday periods can suspend deadlines under the general social insurance procedural rules.
Frequently Asked Questions
What counts as a disability for IV purposes
Disability means a health impairment due to illness, accident, or congenital condition that leads to a long-term reduction in earning capacity or capacity to perform usual tasks. The impairment must be medically evidenced and expected to last at least one year or to be permanent.
How do I apply for IV benefits if I live in Arlesheim
You submit an application to the IV office Basel-Landschaft. You can do this directly or with help from your doctor, employer, or social services. Provide identity information, employment and income details, and medical documentation. Early registration is encouraged if your work ability has been reduced for around 30 days continuously or repeatedly within a year.
What benefits could I receive
Depending on your situation, you may receive early intervention, integration measures, assistive devices, daily allowances during measures, a disability pension based on the degree of disability, and child supplements for dependent children. Additional support such as an assistance contribution may be available for people living at home with substantial need for help.
Can I work while receiving a disability pension
Yes. The IV encourages work to the extent your health allows. Your pension is coordinated with your actual or reasonable earning capacity. Working part-time or with adapted duties is permitted, but significant changes in your work situation must be reported because they can lead to a revision of your benefits.
How is the degree of disability calculated
For employed persons it is usually calculated by comparing hypothetical earnings without disability to feasible earnings with disability in the open labor market. For people managing a household or combining household tasks with part-time work, a mixed method is used. Since 2022, new pensions between 40 percent and 69 percent disability are set on a graduated scale, with 70 percent or more resulting in a full pension.
What can I do if the IV denies my claim or I disagree with the decision
You can file an objection within 30 days of receiving the decision. If the IV maintains its position, you can appeal to the cantonal social insurance court in Basel-Landschaft. Deadlines are strict, but they may be suspended during official court holiday periods. A lawyer can help draft objections and appeals and ensure the correct medical and vocational evidence is presented.
How do IV benefits interact with accident insurance and occupational pensions
If your disability stems from an accident, the accident insurer usually has primary responsibility for certain benefits. Occupational pensions provide additional disability benefits that coordinate with IV pensions. Offsets and priority rules apply so that total benefits are adjusted according to statutory coordination rules.
Do mental health conditions qualify
Yes. Mental health conditions that are medically substantiated and lead to a lasting reduction in functioning can qualify. The assessment focuses on functional limitations and their impact on work capacity, supported by specialist psychiatric or psychological reports.
How long does the process take
Time frames vary. Early detection and intervention can begin quickly, but full assessments for a pension can take several months, especially if an interdisciplinary medical evaluation is needed. You can ask the IV office for status updates. If delays cause hardship, discuss interim measures with the IV office or a lawyer.
Can non-Swiss citizens or cross-border commuters receive IV benefits
Eligibility depends on insurance coverage and international coordination rules. Residents who are insured under Swiss social security are generally covered. Cross-border commuters and former residents may have rights under bilateral agreements or EU coordination rules. The IV office can check your insurance history and advise on the correct procedure.
Additional Resources
IV office Basel-Landschaft at the cantonal social insurance agency SVA Baselland, which administers applications, assessments, and decisions for Arlesheim residents.
Federal Social Insurance Office, which issues guidance on the Disability Insurance Act and coordination across social insurances.
Kantonsgericht Basel-Landschaft, Social Insurance Law division, which hears appeals against IV decisions at first judicial instance in the canton.
Pro Infirmis Northwest Switzerland, offering advice and support for people with disabilities and their families.
Procap Switzerland, an association providing counseling and legal support to persons with disabilities.
Inclusion Handicap, the national umbrella organization for disability advocacy and legal information.
Municipal social services in Arlesheim, which can help with forms, coordination with other benefits, and referrals.
Ombuds and advisory services for private insurance, useful if your situation involves private disability or daily sickness benefits.
Next Steps
Document your health situation early. Ask your treating doctors to provide clear reports describing diagnoses, treatments, functional limitations, and prognosis. Keep copies of medical files, therapy records, and workplace correspondence.
Register with the IV office Basel-Landschaft as soon as your work ability is reduced. Early registration can unlock support to keep you employed or to retrain before your situation worsens.
Respond promptly to all IV requests. Meet deadlines for forms, medical exams, and vocational assessments. If you need more time, request an extension before the deadline expires.
If you receive a negative decision or a decision you do not fully understand, note the 30 day objection period immediately. Contact a lawyer or a qualified advisory organization to review your options.
Consider legal representation for objections and appeals, coordination with accident and occupational pensions, and complex evidence issues. Ask about legal aid in Basel-Landschaft if you have limited means.
Keep working relationships constructive. Engage with proposed reintegration measures when reasonable, and inform the IV office about any changes in your health or employment that could affect your benefits.
If your case involves cross-border elements or prior insurance periods abroad, gather proof of insurance and employment histories to support coordination under international rules.
Protect your rights and wellbeing by maintaining a timeline of key events, keeping a communication log, and saving delivery receipts for all submissions. This helps demonstrate compliance with deadlines and supports a clear case strategy.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.