Art. 73 Ordinanza del 17 gennaio 1961 sull'assicurazione per l'invalidità (OAI)

BV.2022.00093 · zh (Art. 73 ter IVV)

Pension Claim Based on Pre-Affiliation Invalidity

Cited as the relevant provision concerning the preliminary decision procedure required for the binding effect of IV findings on pension institutions.

A/4126/2021 · ge (art. 73 RAI)

Subsequent Social Insurance Claim Denial Upheld Due to Lack of Demonstrated Substantial Change in Condition

Cited in paragraph 7 as the provision the Federal Tribunal specified could be applied by analogy to the Art. 87 RAI procedure.

C-4576/2019 (Art. 73 OAI)

Pension Eligibility Reassessment Ordered

Defines the stages of the procedure, including investigation and pre-decision notification.

A/3705/2018 · ge (art. 73 RAI)

Disability Claim Rejection Upheld Due to Insufficient Evidence of Condition Worsening

Cited in the reasoning as a provision that could be applied by analogy to the procedure under Art. 87 RAI, but not explicitly cited in the dispositive orders.

A/3032/2018 · ge (Art. 73 RAI)

Disability Pension Recipient's Appeal Against Refusal of Higher Allowance Review

Cited in the reasoning as the provision that can be applied by analogy to the procedure under Art. 87 RAI.

A/3293/2012 · ge (Art. 73 RAI)

Claimant Fails to Substantiate Worsening Condition for New Disability Claim

Cited in the reasoning regarding the analogy applicable to the new application procedure when the insured refuses to cooperate, informing the application of Art. 87 al. 3 RAI.

A/1269/2012 · ge (art. 73 al. 2 let. f RAI)

Insured v. Occupational Pension Providers (Disability Benefits)

Mentioned regarding the necessary formal notification procedure of the AI decision to integrate the prevision institution into the procedure, which was found not to have occurred, thus affecting the binding nature of the AI decision on the defendants.

A/958/2010 · ge (art. 73 RAI)

Appeal Dismissed: Denial of Disability Benefits for Work Injury and Subsequent Claims

Cited in the factual background (Point 11) regarding the basis for calculating the degree of disability due to non-cooperation, but not in the final orders.

A/958/2010 · ge (art. 73 RAI)

Appeal Dismissed: Denial of Disability Benefits for Work Injury and Subsequent Claims

Cited in the factual background (Point 11) regarding the basis for calculating the degree of invalidity due to non-cooperation, but not in the final orders.

IV.2008.01012 · zh (Art. 73 IVV)

Disability Pension Suspension Annulled for Failure to Follow Mandatory Warning Procedure

Cited in reasoning (Erwägung 2 and 4.1) as the regulation in force at the time concerning the power of the Insurance Institution to decide based on the file upon non-compliance with disclosure obligations.

C-1010/2010 (art. 73 ter cpv. 1 OAI)

Disability Insurance Appeal Granted Due to Procedural Error

This provision establishes the right of parties to submit objections to the preliminary decision within 30 days, and its violation formed the basis for annulling the decision.

C-5552/2009 (Art. 73 OAI)

Annulment of Disability Benefit Suspension Due to Pre-existing Medical Documentation

Specifically cited in the context of LAI to allow the competent office, after setting an adequate deadline and explaining the consequences of negligence, to decide based on the documents or suspend the investigation and decide not to enter into the merits when the applicant fails to fulfill their obligation to provide information.

C-2876/2007 (Art. 73 RAI)

Pension Suspension Annulled Due to Insufficient Foreign Documentation Review

Cited as a basis for suppressing benefits due to a violation of the duty to provide information, but found not to be sufficiently applied in this case.

IV.2008.00586 · zh (Art. 73 IVV)

Disability Pension Suspension Upheld After Refusal of Medical Examination

Cited as the basis for the IV-Stelle to issue decisions based on the file in case of culpable refusal of an examination.

C-5441/2007 (Art. 73 IVV)

Disability Insurance: Failure to Inform on Medical Examination Requirements

Cited as the basis for the administrative authority's potential to make a decision based on the file or discontinue proceedings if the insured person culpably refuses a medical examination, assessment, appearance, or disclosure. The court found that while the procedure under this article was followed, the refusal to undergo examination was not unjustified, leading to the annulment of the decision.