Facts
Erika Baumann, born on February 22, 1959, has suffered from temporal lobe epilepsy since early childhood. In February 1977, she applied to the Disability Insurance for a disability pension, which the Compensation Fund of Basel-Stadt rejected with an uncontested decision dated September 23, 1977. In March 1979, Baumann reapplied for the pension.
The Disability Insurance Commission took up the request, conducted investigations, and set the degree of disability at 50%. By decision dated April 24, 1980, the Compensation Fund granted Baumann a half simple disability pension effective March 1, 1979.
Baumann filed a complaint requesting the granting of a full pension effective March 1, 1977. The lower instance dismissed the complaint. Thereupon, Baumann filed an administrative court appeal with the Federal Insurance Court.
Considerations
The Federal Insurance Court first examined whether Baumann's pension application from March 1979 constitutes a new application, a request for revision, or a request for reconsideration of a previous decision.
The Court concluded that it is a new application pursuant to Art. 87 para. 4 IVV. A revision under Art. 41 IVG is excluded, as the decision of September 23, 1977 was not a decision granting benefits. The application of Art. 88bis para. 1 IVV is also not possible here, as this provision concerns the adjustment of an ongoing pension.
The Court further states that a reconsideration of the decision of September 23, 1977 only comes into consideration if it was clearly incorrect. However, the Court denies this, as the previous assessment of the reasonableness of work by Dr. S. cannot be considered obviously wrong.
In the case of a new application, the administration must first examine whether the insured person has credibly…