Facts
The married Spanish national Telesforo Avellaneda, born in 1935, by profession a mason, residing in Bern, registered with the Disability Insurance on November 17, 1971 and requested a pension, as he had become disabled due to the consequences of a traumatic finger amputation. By decision of July 13, 1972, the Swiss Compensation Office rejected the request, as there was no disability entitling him to a pension.
Telesforo Avellaneda filed a timely appeal against this decision with the Swiss Compensation Office, which was transferred to the Appeals Commission of the Old Age and Survivors' Insurance/Disability Insurance for persons residing abroad for assessment. The Commission considered itself not competent and therefore did not enter into the appeal; it transferred the files to the Insurance Court of the Canton of Bern, which it considered to be the competent authority for further assessment.
With the present administrative court appeal, Telesforo Avellaneda requests that the decision of March 5, 1973 be annulled and that he be granted the requested disability pension.
Considerations
The Federal Insurance Court concluded that in this procedure, the question of entitlement to a disability pension is not to be examined, but rather the issue of jurisdiction.
According to the provisions of the Ordinance on Old Age and Survivors' Insurance (AHVV), the Appeals Commission of the Old Age and Survivors' Insurance/Disability Insurance for persons residing abroad is generally competent to assess appeals by…