Question juridique clé
Whether the respondent could receive disability insurance benefits retroactively for a period before 20 March 2006.
Solution extraite
No. Because the respondent knew the facts giving rise to entitlement and filed the application only on 20 March 2007, benefits could not be awarded for any period earlier than 20 March 2006.
Motifs extraits
Under the former Art. 48 LAI, back payments are limited to 12 months before the application unless the insured could not know the facts giving rise to the claim. That exception applies only to objectively unrecognizable facts, not ignorance of legal entitlement. Here no such inability to know was shown.