Facts
The claimant, born in 1922, suffers from several serious health problems, including advanced bilateral glaucoma, severe corneal disease, significant age-related hearing loss, dementia-type cognitive deficits of the Alzheimer's type, diabetes mellitus, and osteoporosis. In April 2009, her son filed a claim for a disability allowance with the Federal Compensation Office. By decision of September 2, 2010 and decision on objection of January 14, 2011, the Federal Compensation Office granted the claimant a disability allowance due to a high level of dependence, with retroactive effect from April 1, 2008. However, due to the late filing of the claim, only the twelve months preceding the claim could be taken into account for the retroactive payment. The claimant appealed against this decision, requesting retroactive payment of the allowance from January 1, 2005.Considerations
According to case law, the fact that a factual situation entitling to benefits was not recognizable or that the insured person was prevented by illness from filing a claim or having someone else file the claim is only admitted in a very restrictive manner. For retroactive payment beyond the twelve months preceding the filing of the claim, it is the knowledge of the factual situation entitling to benefits by the insured person or their legal representative that is decisive. The fact that third parties designated by law had knowledge of this factual situation at an earlier time does not preclude such a right to retroactive payment.
In the present case,…