Reduction of Disability Insurance Pension - Non-Consideration Decision of the Administrative Court

Facts

The case concerns a woman born in 1955 named A., to whom the IV-Office Lucerne had, by decree of 21 February 1996, reduced her previously granted full disability pension to a half pension with effect from 1 April 1996 by way of revision. Against this decree, A. filed a complaint, whereupon the Administrative Court of the Canton of Lucerne did not enter into the complaint due to tardiness.

A. then turned to the Federal Insurance Court with a submission dated 16 September 1996 and claimed that her full disability pension should continue to be paid or that her state of health should be re-examined. The IV-Office requested the dismissal of the administrative court complaint.

Considerations

The Federal Insurance Court states that according to Art. 108 para. 2 in conjunction with Art. 132 OG, the administrative court complaint must contain the claims and their justification with indication of the means of evidence. This provision is intended to provide the judge with sufficient clarity about the subject matter of the dispute. According to the practice, it is sufficient if this can be deduced from the administrative court complaint as a whole.

The Court finds that the complainant's submission of 16 September…