Facts
The case concerns a new application for a disability pension, after the original pension application had been rejected. The insured person, C., had initially received a rejection of her pension application in December 1988, as she was not at least 40% incapacitated for work in her duties as a housewife. In June 1990, she reapplied for a disability pension, whereupon the administration limited the examination to the assessment of her disability as a housewife.
The Federal Court had to decide in this case whether the administration is obliged to comprehensively examine the new application or whether it can limit itself to the assessment of the disability as a housewife.
Considerations
The Federal Court came to the following conclusion
1. Admissibility Requirements for a New Application According to Art. 87 para. 4 IVV, the insured person must credibly demonstrate in the new application that the degree of disability or helplessness has changed significantly in a way that is relevant for the claim. This does not necessarily have to concern the claim element that was the basis of the previous rejection of benefits. It is sufficient if the insured person at least credibly presents the change of a factual circumstance that is relevant for the entitlement to a pension.
2. Obligation of the Administration to Examine If the administration enters into the new application, it must clarify the matter materially and examine whether the change credibly presented by the insured person has actually occurred. It must proceed in an analogous manner as in a revision…