Key legal question
Whether the cantonal judgment could set the full invalidity pension start date at 2 October 2006 rather than only from April 2007 under former Art. 48(2) aLAI.
Extracted holding
The appellate court held that the record did not permit application of the second sentence of Art. 48(2) aLAI and therefore the case had to be sent back for further findings on whether the insured could know the facts giving rise to benefits.
Extracted reasoning
The lower court had not examined whether the insured knew or could have known the benefit-triggering facts before filing the claim. Without such findings, the Federal Court could not decide whether pre-application benefits were barred or extended.