Decision on the reconsideration of a disability pension refusal

Facts

Giacomo A. applied for a disability pension in November 1981, but his application was rejected by the compensation fund of Basel-City on 12 July 1982 on the grounds that there was no disability entitling him to a pension. In November 1982, Giacomo A. filed a new application, following which a medical examination was ordered. This examination concluded that he had a work incapacity of less than one-third and led the compensation fund to grant him a full pension as of 1 March 1983. However, the cantonal appeals commission set the beginning of the pension entitlement to 1 November 1981, considering that the first decision of 12 July 1982 was manifestly erroneous in view of the 24 February 1983 expert opinion. The Federal Social Insurance Office appealed against this decision.

Considerations

The Federal Insurance Court considers that Art. 88bis, para. 1, let. c, of the Ordinance on Disability Insurance (InvIO) is not contrary to federal law, insofar as the reconsideration has ex nunc effects. This regulatory provision can only be applied when the error that led to the reconsideration was made in the assessment of a specific question of disability insurance law, which is the case here.

The Federal Court considers that the defect was discovered as early as December 1982, when the administration became aware of the medical report concluding…