Best Social Security Disability Lawyers in Arlesheim

About Social Security Disability Law in Arlesheim, Switzerland

Social Security Disability in Switzerland is primarily provided through the federal Invalidity Insurance system, known as IV in German and AI in French. Residents of Arlesheim apply and work with the IV office of the Canton of Basel-Landschaft. The IV system aims to support people whose health condition causes a long-term reduction in their earning capacity or daily functioning. The law emphasizes rehabilitation first, which means the authorities will consider reintegration and vocational measures before awarding a cash pension.

Depending on your situation, you may receive vocational rehabilitation, job placement support, training or retraining, assistive devices, daily allowances during approved measures, and potentially a disability pension. If your income is still insufficient, you may qualify for supplementary benefits known as EL. If your disability is due to an accident, the accident insurer may be responsible for certain benefits, and your occupational pension scheme under BVG may also pay a disability pension in addition to the IV pension. Health costs are generally handled under mandatory health insurance, while IV can cover specific measures linked to rehabilitation or integration.

Arlesheim is in Basel-Landschaft, so the competent IV office is the IV-Stelle Basel-Landschaft. The process is federal and uniform across Switzerland, but applications, assessments, and appeals are handled at the cantonal level. The working language in this region is German, but you can request support if you need interpretation or assistance with forms.

Why You May Need a Lawyer

You may benefit from a lawyer if your application is denied or only partially granted, if you face complex medical questions, or if multiple insurers are involved, such as accident insurance, health insurance, and occupational pension providers. Legal counsel is helpful when challenging medical assessments, preparing evidence that meets IV standards, clarifying whether an illness or accident insurer is primarily responsible, or coordinating IV with BVG and supplementary benefits.

People who are self-employed, cross-border workers, or foreign nationals can face additional complexities regarding income calculation, contributions, and EU EFTA coordination rules. A lawyer can manage deadlines, draft submissions after a preliminary notice known as Vorbescheid, file an appeal to the competent cantonal social insurance court, and represent you at hearings. If your pension is reduced after a reassessment, or if you are asked to repay alleged overpayments, legal advice can be crucial. You may also be eligible for legal aid known as unentgeltliche Rechtspflege if you cannot afford representation and your case has merit.

Local Laws Overview

Swiss disability law is set at the federal level. The key statutes include the Invalidity Insurance Act IVG, the General Part of the Social Insurance Law ATSG, the Accident Insurance Act UVG for accident cases, the Occupational Pensions Act BVG for second pillar disability pensions, the Health Insurance Act KVG for medical coverage, and the Supplementary Benefits Act for EL. These laws apply in Arlesheim and are administered locally by the IV-Stelle of Basel-Landschaft and other cantonal bodies.

Invalidity is defined as a lasting or long-term health impairment that causes an inability to earn income or perform usual tasks. The IV uses established methods to determine the degree of disability. For employed persons, the main method compares potential income without disability with feasible income with disability. For non-employed persons such as homemakers, an assessment of functional restrictions in daily tasks is used. Since 2022, a more linear pension model applies for new pensions. In general, entitlement begins at a disability degree of 40 percent and reaches a full pension at 70 percent. Before granting a pension, the IV considers early detection, early intervention, and reintegration measures. You have a duty to cooperate and mitigate damage, which means participating in reasonable measures that could improve your work capacity.

The procedure typically includes an application, collection of medical and vocational evidence, possible independent medical assessments, a preliminary notice known as Vorbescheid, and a formal decision known as Verfügung. After the preliminary notice, you can submit written comments and additional evidence. The final decision can be challenged within a short deadline, generally 30 days from notification, by filing a complaint with the competent cantonal social insurance court. Time limits are strict, with limited suspension during judicial holidays. In Basel-Landschaft, the social insurance chamber of the cantonal court handles these appeals. Data protection rules apply, and you may be asked to sign releases so the authorities can gather medical records. Coordination rules determine which insurer pays first. Accident insurers have priority for accident consequences, IV covers disability due to illness or congenital conditions, and BVG pensions are often linked to an IV decision. At statutory retirement age, an IV pension usually transitions to an old-age pension.

Frequently Asked Questions

What qualifies as a disability for IV purposes

A disability is a long-term health impairment that reduces your ability to earn income or perform usual activities. The IV evaluates whether your condition is expected to last at least one year or is permanent, and whether it causes a measurable reduction in earning capacity. The assessment is based on medical evidence and vocational factors, not only on a diagnosis.

How do I start an IV claim in Arlesheim

You submit an application to the IV-Stelle Basel-Landschaft. You can apply yourself, and early detection can also be initiated by your employer, physician, or insurer. Include personal details, employment history, medical reports, and information on how your condition affects your work and daily life. Keep copies of everything you submit.

Which benefits can I receive

Depending on your situation, you may receive early intervention, rehabilitation and training measures, job placement, assistive devices, daily allowances during approved measures, and possibly a disability pension. If your income remains low, you may qualify for supplementary benefits known as EL. Occupational pension funds may provide a BVG disability pension, and accident insurers cover disability due to accidents.

How is the degree of disability calculated

For employed persons, the IV compares the income you could earn without disability with the income you can reasonably earn with disability. The percentage loss is your degree of disability. For non-employed persons, the IV assesses functional limitations in daily tasks. Since 2022, pensions increase gradually between 40 percent and 69 percent, and a full pension is granted at 70 percent or more.

How long does the process take

Time frames vary, but initial assessments can take several months. Complex cases with independent medical examinations may take longer. If you receive a preliminary notice, you can respond before a final decision is issued. If you appeal, the court process can add several months or more.

Can I work while receiving an IV pension

Yes, you can often work within your residual capacity. The IV focuses on your degree of disability, not simply whether you earn any income. However, if your work capacity increases, your degree of disability may be reassessed and your pension may change. Supplementary benefits are income tested, so earnings can affect EL.

What if my disability is due to an accident

Accident cases are primarily handled by accident insurance. That insurer may provide daily allowances, rehabilitation, and pensions. The IV may still be involved, especially if your condition has mixed causes or if long-term integration measures are needed. Coordination rules prevent double payment and define the order of liability.

Do non-Swiss nationals qualify for IV benefits

Yes, eligibility depends on residence, insurance contributions, and international coordination rules. EU EFTA agreements and certain bilateral treaties may apply. Cross-border situations can be complex, and a legal advisor can help you navigate residence, contribution, and export rules for benefits.

What can I do if I disagree with a medical assessment

You can submit counter evidence from your treating physicians, request that the IV consider specific functional limitations, and challenge aspects of an independent medical report. After the preliminary notice, you can present arguments and new medical records. If a formal decision is negative, you can appeal to the cantonal social insurance court within the deadline.

How much does a lawyer cost and is legal aid available

Fees vary based on the complexity of your case and the scope of work. In many situations, you can request legal aid known as unentgeltliche Rechtspflege if you lack the means to pay and your case has reasonable prospects. Some legal protection insurance policies also cover social insurance disputes.

Additional Resources

IV-Stelle Basel-Landschaft, the cantonal Invalidity Insurance office responsible for applications, assessments, and decisions for residents of Arlesheim.

Sozialversicherungsanstalt Basel-Landschaft, the cantonal social insurance institution that administers AHV and IV tasks and can provide guidance on procedures and contributions.

Ergänzungsleistungen office in Basel-Landschaft, for information and applications related to supplementary benefits if your income is insufficient.

Sozialdienst Arlesheim, the municipal social service that can advise on local support, social assistance, and coordination with cantonal offices.

Pro Infirmis and Procap, disability organizations offering counseling, advocacy, and practical support with applications and integration.

Inclusion Handicap, the national umbrella organization for disability advocacy that provides information on rights and procedures.

Kantonsgericht Basel-Landschaft, social insurance law division, for appeals against IV decisions made by the IV-Stelle.

SUVA and other accident insurers, for disability and rehabilitation benefits related to accidents and occupational diseases.

Occupational pension fund under BVG, your employer’s pension provider, for second pillar disability benefits that often rely on the IV assessment.

Patient advisory services and medical social services, for support in gathering medical documentation and understanding treatment reports.

Next Steps

Document your situation clearly. Collect medical reports, therapy records, medication lists, and employer statements that explain how your health condition affects your work and daily life.

Notify the IV-Stelle Basel-Landschaft and file an application as soon as you realize your ability to work may be reduced for an extended period. Early notification helps protect your rights and can trigger early intervention.

Cooperate with vocational and medical assessments. Attend appointments, respond to information requests, and participate in reasonable integration measures, since these steps influence both eligibility and timing.

Watch deadlines closely. After a preliminary notice, respond within the stated time, and if you receive a formal decision you wish to challenge, file your appeal with the cantonal social insurance court within 30 days of receipt.

Consider legal advice. A lawyer can evaluate the strength of your case, organize medical and vocational evidence, handle correspondence in German if needed, and represent you in the appeal process. Ask about legal aid if costs are a concern.

Coordinate with other insurers and institutions. Inform your accident insurer, occupational pension fund, and the EL office where relevant. Consistent and complete information reduces delays and prevents conflicting decisions.

Keep records. Maintain copies of all forms, letters, and medical documents, and note dates of submissions and decisions. Good documentation is essential for both applications and appeals.

If your health or work situation changes, inform the IV-Stelle promptly. Improvements or deteriorations can lead to adjustments in measures or in the pension level, and timely reporting helps avoid overpayments or gaps.