Facts

The IV-Stelle (Disability Insurance Office) of the canton of Zurich rejected C.'s disability pension claim. On 25 October 2007, lawyer L. of DAS Rechtsschutz-Versicherungs-AG filed a "preventive appeal" on behalf of C. with the cantonal social insurance court, without providing reasons for the conclusions. On 5 November 2007, she supplemented and substantiated the conclusions. The cantonal court refused to consider the appeal. DAS Rechtsschutz-Versicherungs-AG filed a public law appeal on behalf of C., requesting the annulment of the decision of 13 November 2007 and the obligation for the lower instance to consider the appeal of 25 October 2007.

Considerations

The Federal Tribunal considers that the appeal must be upheld. According to Art. 61(b) GSSLA, when the appeal does not meet the requirements of reasoning, the social insurance court must set an appropriate deadline for the appellant to regularize the appeal, failing which it will not consider the matter. It is only in the case of a manifest abuse of rights that the court may refrain from granting this additional deadline. In the present case, C.'s lawyer was unable to access the…