For persons who have been in employment, the disability date is normally set at the date of sick leave

A woman diagnosed with MS continued to work full-time until she went on sick leave due to severe side effects from preventive treatment in November 2016. She did not return to work and eventually applied for disability benefits.

According to the National Insurance Act, only income from the calendar year prior to the disability date is included in the calculation of disability benefits. NAV set the disability date to the time of sick leave, with the effect that only income from 2015 and earlier was included. This was disadvantageous to the woman, as her income was higher in 2016. Unlike NAV and the National Insurance Court, the majority in the Court of Appeal found that the sick leave was not decisive for the disability date, as the conditions for disability benefits are only met when the sickness has led to a permanent reduction in function.

The Supreme Court found that the disability date is when it can be established later that earning capacity was permanently reduced. For individuals who are employed, the disability date often coincides with the sick leave date. It is not decisive whether the sick leave concerns the same sickness that later qualifies for disability benefits. In this case, one could not view the underlying sickness and the side effects of necessary treatment as separate sicknesses. The woman's disadvantageous outcome is due to a combination of unfortunate incidents and cannot be decisive for the interpretation of the law.

The ruling provides guidance on determining the disability date under the National Insurance Act.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: National insurance law, sections 12 6 and 12 8 of the National Insurance Act

Key paragraphs: 47, 56–57

Justices: Indreberg, Bergsjø, Ringnes, Stenvik, Sivertsen