Retroactive Award and Revision of a Graduated and/or Limited Disability Pension

Facts

The present case concerns the retroactive award and revision of a graduated and/or limited disability pension. The main question is whether it makes a difference for the judicial reviewability whether the disability pension is awarded and revised in one or multiple decisions of the same date.

The facts can be summarized as follows

• F. filed a complaint against decisions of the IV-Office of the Canton of Aargau and the Insurance Court of the Canton of Aargau.
• The award and (retroactive) revision of the disability pension were made in separate decisions of the same date.
• The question of whether this is relevant for the judicial reviewability was disputed in the case law.

Considerations

The Federal Supreme Court decided that it is irrelevant for the judicial reviewability whether a retroactive award of a graduated and/or limited disability pension is made in one or multiple decisions of the same date. The principles according to BGE 125 V 413 apply.

Accordingly, there is a single legal relationship if a benefit is awarded retroactively but at the same time limited, increased or decreased.…