Facts
The case concerns an insured person, [A.], who has been receiving a full disability pension since April 1, 2000. In the context of a revision procedure, the AI Office ordered a multidisciplinary medical expertise. A.'s legal representative requested that additional questions be asked to the experts. The AI Office refused these questions without making a formal decision. [A.] then filed a complaint and a complaint for denial of justice.
The Social Insurance Court of the canton of Solothurn rejected the complaint regarding the AI Office's decision of December 19, 2013, but admitted the complaint for denial of justice and ordered the AI Office to make a formal decision on the additional questions.
The AI Office appealed to the Federal Court, requesting the annulment of the Social Insurance Court's decision insofar as it obliges it to make a formal decision on the additional questions.
Considerations
1. Introduction
The Federal Court must determine whether the AI Office is required to make a formal decision on the additional questions asked by [A.] in the context of the medical expertise.
2. Applicable law
The Social Insurance Law (GSSLA) and the Administrative Procedure Act (APA) are applicable in this case. Article 43 paragraph 1 GSSLA provides that the AI Office must make a decision on the additional questions asked by the insured.
3. Case law
The Federal Court has already ruled that the AI Office must make a formal decision on the additional questions asked by the insured (ATF 137 V 210). However, the question of whether this decision must be made before or after the medical expertise has…