Facts
P., born in 1947, applied to the Disability Insurance (DI) for benefits on 28 July 2004. After medical and employment-related clarifications, the DI office of the Canton of Valais determined that the requirements for a pension entitlement were not yet met, as the waiting period with regard to the restricted work capacity as a driver since 7 January 2004 had not been completed. Based on a new application filed on 26 September 2005, which claimed a deterioration of the state of health, the DI office obtained an interdisciplinary expert opinion. This confirmed the existence of a complete incapacity to work in the occupation of truck driver since the beginning of 2004. The final report of the Regional Medical Service of the Disability Insurance dated 11 January 2007 concluded that the insured person had been completely incapable of work in his previous occupation as a truck driver since January 2005 and in adapted activities since August 2006. On 23 January 2007, the DI office ruled that there was currently no entitlement to a disability pension, as the waiting year would not expire until August 2007. The Insurance Court of the Canton of Valais upheld the appeal against this decision and awarded the insured person a full disability pension with effect from August 2006.Considerations
The Federal Supreme Court notes that the decision by which a lower court of the Federal Supreme Court determines the pension amount (full, three-quarters, etc.), but not the monetary pension amount, is to be classified as a final decision. Therefore, the appeal of the DI office is to be considered.
The Federal Supreme Court examines the beginning of the entitlement to a disability pension. It concludes that regardless of whether one refers to the report of the Regional Medical Service of 11 January 2007 (beginning of incapacity to work in the previous occupation as a truck driver in January…