Facts
On October 21, 1999, the Federal Social Insurance Court referred the matter back to the IV-Office Bern for further clarification and decision, as the insured person M.'s entitlement to benefits was not sufficiently clarified from a medical perspective. After obtaining an expert opinion, the IV-Office issued a quarter pension effective August 1, 1999 on July 11, 2003. Upon objection, the IV-Office revoked this decision and ordered further clarifications.
M. filed an administrative court appeal, requesting higher pension benefits or instructing the IV-Office to issue a new substantive decision.
Considerations
The Federal Court decided that the administration is not authorized to issue a purely cassatory objection decision by merely revoking a constitutive decision with a view to additional factual clarifications, in order to then decide anew.
The administrative procedure is to be understood as a unity encompassing the decision and the objection procedure. Referring the matter back for supplementary fact-finding through an objection decision is not structurally justified, as this does not involve a cross-instance process.
The insured person is rather entitled to receive an objection…