Key legal question
Whether the objection decision had to be annulled and the case remanded for further inquiry into delayed filing under Art. 46(2) AHVG.
Extracted holding
The authority had to investigate whether, and since when, the claimant could no longer recognize the claim basis because of dementia, or was unable to file or have someone file for her.
Extracted reasoning
The existing record showed a diagnosed dementia and severe cognitive impairment, but the authority had not clarified the decisive question of objective knowledge or incapacity to act, which is required for extended retroactive payment beyond twelve months.