Question juridique clé
Whether the insured was entitled to disability benefits for the period before 1 October 2004 despite filing the claim late.
Solution extraite
No. The late filing barred payment for the earlier period because the insured did not establish an objective impossibility to file in time or another legally relevant ground for restoring the time limit.
Motifs extraits
The court held that the relevant facts or rights under Art. 48 LAI are only those that were objectively unrecognizable, not merely subjectively misunderstood. The medical report did not show psychiatric impairment or loss of capacity to act reasonably, and the claimed inability to decide was only a subjective motive that does not justify late filing.