Retroactive Granting of a Graduated and/or Limited Disability Pension

Facts

In this case, it was about the granting of a limited full disability pension to the opposing party by the IV-Stelle Bern (Disability Insurance Office Bern). The pension was granted for the period from October 1, 1992 to January 31, 1994. The IV-Stelle Bern appealed against the decision of the lower instance, which had only reviewed the start of the pension from October 17, 1991 and the termination of the pension as of January 31, 1994, but not the entitlement to the full pension for the period from October 1, 1992 to January 31, 1994.

Considerations

The Federal Court stated that the subject matter of the dispute in the present case is the limited full pension awarded by the contested decision of June 9, 1995. This also includes the unchallenged full pension claim for the period from October 1, 1992 to January 31, 1994. The cantonal court should have included this point in its examination, as in the view of the Federal Court, the full pension claim from October 1, 1992 and the further course of the claim cannot be conclusively assessed without further clarification.

The Federal Court therefore obliged the lower instance to examine the claim for a (full)…