Facts

The case concerns a man, M., born in 1943, who applied for a disability pension in December 1992. The AI office of the canton of Zurich rejected his application after a preliminary hearing procedure. The social insurance court of the canton of Zurich confirmed this decision. M. then appealed to the Federal Insurance Court, arguing that his right to be heard had been violated because the AI office had not taken his objections into account during the preliminary hearing procedure.

The key facts are as follows

  • M. applied for a disability pension in December 1992.
  • The AI office of the canton of Zurich rejected his application after a preliminary hearing procedure.
  • The social insurance court of the canton of Zurich confirmed this decision.
  • M. appealed to the Federal Insurance Court, arguing that his right to be heard had been violated.

Considerations

The Federal Insurance Court examined the question of whether M.'s right to be heard had been violated during the preliminary hearing procedure. It recalled that the right to be heard is a fundamental right that allows the individual to comment on the facts and means that are likely to affect him.

The Court considered that the AI office had violated M.'s right to be heard by not taking his objections into account during the preliminary hearing procedure. It also considered that the social insurance court of the canton of Zurich had made an error in not taking M.'s objections into account.

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