Facts
The case concerns an insured person named Gottlieb Meier, who registered with the Disability Insurance Commission on May 9, 1968. At that time, Meier applied for the provision of a lumbar corset as an aid, without specifying his pension claims in detail. On February 23, 1970, he registered again and expressly demanded the granting of a disability pension.
The lower court and the Federal Office assumed that the pension claim had already been asserted at the first registration on May 9, 1968. The appellant Meier disputed this.
Considerations
The Federal Court states that according to the case law on Art. 46 of the Disability Insurance Act (IVG), an insured person generally preserves all claims for benefits against the insurance existing at the time of registration with the Disability Insurance Commission, even if he does not specify them in detail in the registration form.
However, the Plenary Court has clarified that this principle does not apply to benefits that are not related to the claims expressly or implicitly stated by the insured person and for which there are also no file-based indications that they could also be considered.
In the present case, the Federal Court could not rule out the possibility that a pension claim had already been considered at the first…