Legislator Case Law & Legislation
II 2023 59 • VG SZ II 2023 59 AI generated

Appeal on Old-Age Insurance Regarding Belated Submission of Evidence of Foreign Residence and Employment

Case Number II 2023 59
Court / Authority
Jurisdiction Switzerland · Canton of Schwyz (CH-SZ)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

An individual residing abroad appealed a decision by a cantonal compensation office regarding old-age and survivors' insurance concerning compensation claims, arguing that the authority failed to consider relevant evidence submitted in the appeal proceedings, specifically documentation supporting the claimed residence abroad and subsequent employment abroad, which should have been included in the administrative file. The court reasoned that the appellant had failed to provide timely or complete documentation regarding their asserted change of circumstances and residence abroad during the administrative proceedings before the first instance, and thus the appellate authority was not obliged to revisit the matter or accept the belated submission of evidence without proper justification, affirming the previous ruling.

Legislator headnote

AI generated

Art. 66 Abs. 1 BGG; Appeal on Old-Age Insurance Regarding Belated Submission of Evidence of Foreign Residence and Employment: The court reasoned that the appellant had failed to provide timely or complete documentation regarding their asserted change of circumstances and residence abroad during the administrative proceedings before the first instance, and thus the appellate authority was not obliged to revisit the matter or accept the belated submission of evidence without proper justification, affirming the previous ruling.

Keywords

AI generated
old age insurance insurance compensation change of residence social insurance proceedings foreign pension foreign decision

Cited Legislation

AI generated
AI generated

Key legal questions extracted by Legislator

AI generated
Art. 66 Abs. 1 BGG

The provision was cited to regulate the court fees for the appeal.

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Full text

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\n\n| | | |\n II 2023 59 |\n |\n \n\n

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\n\n| | | |\n |\n Entscheid vom 13. September 2023 |\n \n\n

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\n\n| | | |\n Besetzung |\n lic.iur. Achilles Humbel, Präsident |\n \n|\n |\n Dr.oec. Andreas Risi, Richter Dr.iur. Frank Lampert, Richter |\n \n|\n |\n MLaw Manuel Gamma, Gerichtsschreiber |\n \n\n

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\n\n| | | |\n Parteien |\n A.________, Dubai - UAE, Zustelladresse: B.________, \n Beschwerdeführer, |\n \n|\n |\n gegen |\n \n|\n |\n Ausgleichskasse Schwyz, Rechtsdienst, Postfach 53, 6431 Schwyz, \n Vorinstanz, |\n \n\n

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\n\n| | | \n Gegenstand · \n Altersund Hinterlassenenversicherung (Schadenersatz nach