Facts
D. submitted an application for disability insurance benefits on August 24, 1999. By decision of April 3, 2001, the Disability Insurance Office for the Canton of Vaud refused any benefits. On May 9, 2001, D. filed an appeal against this decision with the Insurance Court of the Canton of Vaud.
On December 6, 2001, Dr. P. submitted a new application on behalf of D. By decision of February 5, 2002, the Disability Insurance Office "rejected" this new application, citing the devolutive effect of the appeal then pending before the Insurance Court.
D. appealed against this decision of February 5, 2002 to the Insurance Court of the Canton of Vaud, complaining of a denial of justice by the Disability Insurance Office.
Considerations
The Federal Tribunal considered that the appeal against the decision of February 5, 2002 was an appeal for denial of justice. According to the case law prior to the entry into force of the LPGA, this type of appeal had to be filed with the FSIO. However, since the entry into force of the LPGA, the denial of justice is expressly provided for in Art. 56 para. 2 LPGA as being subject to an appeal before the competent Cantonal Insurance Court.
Although the Insurance Court of the Canton of Vaud was not competent at the time the insured person appealed, the Federal Tribunal exceptionally refrained from referring the matter to the FSIO, in the interest of procedural economy and given the fact that the Cantonal Insurance Court meets the requirements of Art. 6 para. 1 ECHR.
The Federal…