Late Granting of Disability Insurance Benefits

Facts

Petter had to cease all professional activity since 1 June 1971 due to a severe depression. He reported to the disability insurance on 11 January 1974. The administration granted him a full disability pension as of 1 January 1973, considering that he would have been entitled to a pension as of 1 May 1972 but that he had filed his application late. Petter contested this decision, requesting that the pension also be granted for the period prior to January 1973. The Geneva Cantonal Appeals Commission dismissed his appeals. Petter then filed an administrative law appeal against this decision.

Considerations

1. Art. 48(2) InvIA provides that if the insured person submits his application more than 12 months after the entitlement arose, benefits are only granted for the 12 months preceding the filing of the application. However, a restoration of the time limit is possible if the insured person could not have known the facts entitling him to benefits and he submits his application within 12 months of the time he became aware of them.

2. Although Art. 48(2) InvIA does not mention it, the case law accepts that the restoration of the time limit may be granted if the insured person was prevented, through no fault of his own, from acting within the prescribed time limit. This solution is based on a gap in the legislation, which must be filled. However, the inability to…