Facts
This decision of the Swiss Federal Tribunal concerns a dispute between an insured person (Z.) and the Disability Insurance Office of Bern (IV-Stelle Bern) as well as the Administrative Court of the Canton of Bern. The insured person refused to submit to a rehabilitation measure proposed by the disability insurance. Consequently, the administration refused or discontinued the entitlement to insurance benefits.Considerations
According to established case law, the administration can only refuse or discontinue the entitlement to insurance benefits if it has previously issued a written summons and granted the insured person an appropriate reflection period, in accordance with Art. 31(1) of the Disability Insurance Act (InvIA). This procedure aims to clearly inform the insured person of the potentially unfavourable consequences of their refusal to submit to the rehabilitation measure, so that they can make an informed decision.
The previous case law, which allowed for this summons and reflection period procedure to be dispensed with when the administration simply informed the insured person of the possibility of re-registering at a later date, is now considered erroneous. Indeed, an insured person who is not informed of the precise legal consequences of a refusal cannot make an informed decision.
Similarly, the Federal Court rejects the exception provided for in its previous case law, according to which the summons and reflection period procedure was not…