Facts
[S.] , born in 1956, applied for a pension from the Disability Insurance (IV) in June 2007. On March 5, 2010, the IV Office Bern issued a preliminary decision rejecting the claim. [S.] was represented by attorney Nicolas De Cet, who submitted a power of attorney on March 23, 2010. By decision of May 6, 2010, the IV Office rejected the pension claim, but the decision was erroneously sent directly to the insured person and not to her legal representative. On June 7, 2010, [S.] informed her attorney of the receipt of the decision, whereupon he demanded the correct service to him on June 8, 2010. The IV Office then sent the decision to the attorney on June 8, 2010. [S.] filed a timely appeal against the rejection of the pension with the Administrative Court of the Canton of Bern on July 8, 2010. However, the court dismissed the appeal on August 17, 2010, on the grounds that it had been filed too late.Considerations
The Federal Supreme Court sets aside the non-entry decision and remands the case to the Administrative Court for a substantive assessment of the timely filed appeal. The Federal Supreme Court finds that the appellant was actually disadvantaged by the defective service of the decision of May 6, 2010, directly to her instead of to her legal representative. According to the case law of the Federal Supreme Court, the 30-day…