Facts
A., a Kosovo national born in September 1992, was involved in a traffic accident in October 2009 at the age of 17. She filed a claim for disability insurance benefits, citing in particular memory and concentration disorders, hearing loss, and facial nerve damage. The Disability Insurance Office for the Canton of Vaud refused the right to vocational rehabilitation measures and an extraordinary disability pension. The Cantonal Court of the Canton of Vaud annulled this decision and remanded the case to the DI Office for further investigation. The DI Office filed a public law appeal against this judgment.Considerations
The Federal Tribunal ruled that the onset of disability for vocational rehabilitation measures could not be fixed at the date of the accident in October 2009, as at that time the insured's state of health did not yet allow for the implementation of such measures. According to case law, disability is deemed to have occurred only when the impairment to health, by its nature and severity, makes the rehabilitation measure necessary and possible. In the present case, this was only the case from spring 2011 onwards.
Regarding the right to an extraordinary disability pension, the Federal Tribunal considered that the term "as children" in Art. 39(3) InvIA means "before the age of 20 years". Thus, to benefit from such a pension, the insured had to have been able to claim rehabilitation measures before her 20th birthday. However, in the present case, it was not established that the insured would have been able to benefit from such…