Kernrechtsfrage
Whether the claimant’s EL application had to be assessed without imputing a waiver of assets
Extrahierter Entscheid
The findings on the alleged asset waiver were incomplete; the case had to be remitted for further investigation before a new decision on EL entitlement.
Extrahierte Begründung
An administrative authority may decide on the file only if an unexcusable breach of the duty to cooperate exists. The medical certificate indicated the claimant was temporarily unable to provide documents, so further clarification and possibly third-party representation were required. In addition, whether the asset decrease resulted from a criminal offence was legally relevant and had not been sufficiently clarified.