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II 2023 5 • VG SZ II 2023 5 AI generated

Social Security Benefits Appeal Dismissed for Insufficient Proof

Case Number II 2023 5
Court / Authority
Jurisdiction Switzerland · Canton of Schwyz (CH-SZ)
Decision Date
Outcome Inadmissible
Open official source Entscheidsuche mirror Machine-readable Markdown (.md)

Legislator summary

AI generated

A litigant challenged a decision by a social security fund concerning old-age and survivors' insurance benefits, specifically regarding damages, which had been decided by a lower court. The court found that the litigant had failed to meet the burden of proof regarding the factual circumstances necessary to establish entitlement to the claimed benefits, leading to the dismissal of the appeal because the factual premises supporting the claim were not sufficiently substantiated as required by law.

Legislator headnote

AI generated

Social Security Benefits Appeal Dismissed for Insufficient Proof: The court found that the litigant had failed to meet the burden of proof regarding the factual circumstances necessary to establish entitlement to the claimed benefits, leading to the dismissal of the appeal because the factual premises supporting the claim were not sufficiently substantiated as required by law.

Keywords

AI generated
social security benefits claim to insurance benefits burden of proof old-age insurance insurance fund unlawful receipt of social assistance
AI generated
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II 2020 38
Appeal Against Damage Compensation Order for Bankruptcy-Related Social Security Contributions Upheld Due to Insufficient Substantiation
I 2020 16
Denial of Disability Benefits Affirmed Due to Insufficient Evidence of Impaired Work Capacity
II 2021 96
Appeal Dismissed: Survivors' Benefits and Damages Claim Against Social Insurance Institution

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Full text

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\n\n| | | |\n II 2023 5 |\n |\n \n\n

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\n\n| | | |\n |\n Entscheid vom 21. April 2023 |\n \n\n

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\n\n| | | |\n Besetzung |\n lic.iur. Achilles Humbel, Präsident |\n \n|\n |\n Dr.oec. Andreas Risi, Richter Dr.iur. Frank Lampert, Richter |\n \n|\n |\n MLaw Manuel Gamma, Gerichtsschreiber |\n \n\n

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|\n Parteien |\n A.________, \n Beschwerdeführer, \n vertreten durch Rechtsanwalt MLaw B.________, \n Bahnhofstrasse 12, 8001 Zürich, |\n

\n|\n |\n gegen |\n \n|\n |\n Ausgleichskasse Schwyz, Rechtsdienst, Postfach 53, 6431 Schwyz, \n Vorinstanz, |\n \n\n

\n \n \n \n \n

\n\n| | | \n Gegenstand · \n Altersund Hinterlassenenversicherung (Schadenersatz nach \n