Challenging an AI Decision (Denial or Reduction of Pension)

Applicable law provisions

• Federal Information and Data Protection Act, Section 57a — Notice of termination — objections in the 30 days
• LAI 69 — Particulars of the dispute — direct recourse to the cantonal insurance tribunal, in derogation from art. 52 and 58 LPGA (no opposition in AI); court costs 200 to 1000 francs
• LPGA 56 — Right of appeal — decisions against which the opposition procedure is not available are directly subject to appeal
• LPGA 60 — Right of appeal — 30 days from notification of the decision
• LAI 54 — Cantonal AI Offices

Critical time limits

1. Identify what you received: NOTICE or DECISION — immediately upon receipt
2. If it is a NOTICE: written objections to the AI office — 30 days from notification of the notice (LAI 57a para. 3)
3. If it is a DECISION: appeal to the cantonal insurance court (NO objection) — 30 days from notification of the decision (peremptory period) (LAI 69 para. 1 (derogation from art. 52 and 58 LPGA) / LPGA 56 / LPGA 60)
4. Appeal of the Tribunal fédéral against the cantonal judgment — 30 days as from notification of the judgment (LTF 82 et seq. / LTF 100)

Keywords

AI opposition decision LPGA remedy annuity invalidity