Facts
A., born on September 1, 1961, first registered with the Disability Insurance (IV) for benefits in May 2011. The Cantonal IV Office of Valais rejected the claim for benefits by decision of August 17, 2012, as A.'s incapacity to work was primarily due to his dependence behavior, which did not constitute disability within the meaning of the law. The IV Office did not enter into further registrations dated August 3, 2016 and January 9, 2019, as A. had not credibly demonstrated a significant deterioration of his state of health.
The Cantonal Court of Valais confirmed the IV Office's decision not to enter into the matter. A. appealed against this to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the new case law according to BGE 145 V 215, under which primary addiction syndromes are generally subject to a structured evidentiary procedure, does not provide sufficient reason to deviate from the principle of non-adaptation of a formally legally binding administrative decision to a changed administrative practice.
The Federal Supreme Court emphasized that a change in judicial or administrative practice can exceptionally lead to the amendment of a legally binding decision if the new practice…