Kernrechtsfrage
Whether a hypothetical earned income could be imputed to the appellant when calculating supplementary benefits from 1 March 2017.
Extrahierter Entscheid
No. The court found it proven with predominant probability that, due to her personal and health-related situation, she could not economically exploit her residual earning capacity.
Extrahierte Begründung
The statutory presumption under Art. 14a para. 2 ELV can be rebutted by showing that residual work capacity is not economically usable for reasons irrelevant to disability assessment, including personal circumstances and labour-market realities. The failed low-threshold work attempt, the shelter/workshop reports, medical statements, and the RAV’s assessment of current unemployability rebutted the presumption.