Facts
The case concerns the request of an insured person to obtain recognition of a full disability pension from the Swiss Compensation Office and the Federal Appeal Commission for Old-Age and Survivors' Insurance/Disability Insurance (AVS/AI) for persons residing abroad.
With an initial decision of 20 December 1983, the Office had denied the recognition of the requested pension. Following the insured person's appeal, the Office issued a new decision on 24 October 1984, recognizing the right to a half pension with retroactive effect from 1 July 1982. However, the insured person filed a further appeal requesting recognition of a full pension.
Considerations
The Federal Insurance Court has ruled that, under Art. 58 para. 1 PA, the lower authority has the power to review the contested decision until the submission of its response. The new decision only settles the dispute to the extent that it grants the appellant's requests. To the extent that it has not been resolved, the dispute remains on the unsatisfied claims of the appellant and in this case the appeal authority must enter into the merits of what has remained undecided, regardless of whether the appellant has or has not challenged the second decision.
Therefore, the Federal Court considered that the first appeal, aimed at obtaining a full pension, was not devoid of subject matter, as the insured person had…