Facts
This decision concerns a dispute between an insured person and the IV Office of Bern as well as the Administrative Court of the Canton of Bern. The insured person claimed a violation of her right to be heard, on the grounds that the expert report of 6 November 2002 was not communicated to her before the issuance of the decision. The procedure was as follows: - On 16 March 2001, the IV Office informed the insured person that a medical expert opinion by the MEDAS was necessary and that she could request a decision that could be appealed if she did not agree. The insured person did not object. - The expert report was prepared on 6 November 2002, before the entry into force of the GSSLA on 1 January 2003. - The decision was issued on 10 January 2003, after the entry into force of the GSSLA.Considerations
The Federal Tribunal considered that:1. Art. 42 para. 2 GSSLA provides that the parties do not have to be heard before decisions that can be appealed. This provision constitutes an exhaustive regulation of the right to be heard in administrative proceedings in social insurance matters, without the possibility of referring to the Administrative Procedure Act (PA).
2. The administration has the obligation to clarify the decisive facts before issuing its decision and cannot refer this task to the appeal procedure. However, additional investigative measures may…