Facts
M., born in 1955, applied several times to the IV-Stelle Luzern (Disability Insurance Office Lucerne) for a pension. Through rulings and decisions of the lower instances, her pension claim was each time rejected, as the degree of disability remained unchanged at 34%. Most recently, the IV-Stelle, by order dated October 27, 2011, did not enter into a further new application dated May 20, 2011.
M. appealed this decision to the Federal Supreme Court. She requested that the matter be remanded to the IV-Stelle with the condition to enter into the new application. She also requested the granting of free legal assistance.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that according to the applicable rules, in the case of a new application after a previous final rejection of a pension, the insured person bears the burden of proof regarding the substantiation of a material change in the degree of disability. The lower instance had rightly determined that such a change had not been credibly demonstrated.
The Federal Supreme Court concluded that the appellant's…