Facts

The case concerns an insured person, A., who has been receiving a disability pension since 1998. The disability insurance fund of the canton of Thurgau initiated a review of the pension in 2014 and planned its abolition. The insured person requested an extension of the deadline to submit additional comments and evidence, but the fund refused. The insured person then appealed to the administrative court of the canton of Thurgau, which rejected the complaint. The insured person subsequently filed an appeal with the Federal Court.

The key facts are as follows

  • The disability insurance fund of the canton of Thurgau initiated a review of the insured person's disability pension in 2014.
  • The insured person requested an extension of the deadline to submit additional comments and evidence.
  • The fund refused the extension of the deadline and abolished the disability pension.
  • The insured person appealed to the administrative court of the canton of Thurgau, which rejected the complaint.

Considerations

The Federal Court examined the question of whether the disability insurance fund had violated the insured person's right to be heard by refusing to extend the deadline to submit additional comments and evidence. The Federal Court considered that the notice procedure in disability insurance is governed by Article 73ter paragraph 1 of the Ordinance on Disability Insurance (OAI), which provides for a 30-day deadline to submit comments.

The Federal Court decided that this deadline is an administrative deadline that can be extended for valid reasons. However, in the present case, the Federal Court found that the insured person had not presented valid reasons to justify an extension of the deadline. The Federal Court also considered that the insured…