Supreme Court dismisses new disability claim after administrative decision, remanding case to social insurance office.
Legislator summary
AI generatedThe Supreme Court quashed lower court rulings and remanded the case to the Social Insurance Office for fresh consideration. The applicant sought a war disability pension based on birth defects caused by his mother's execution, but the administrative body had previously denied the claim solely due to a missing combatant status certificate. The court held that since the administrative decision did not address the disability itself, the court could not adjudicate this new issue and was legally bound to return the matter to the administrative organ.
Legislator headnote
AI generatedArt. 47710 § 2 KPC; Art. 316 § 1 KPC: If a new claim is filed after an administrative decision in social insurance matters, the court cannot adjudicate it and must transfer the claim to the administrative body, as the court does not act as a substitute for the administrative organ in establishing the right to benefits.