Kernrechtsfrage
Whether the AI office could reconsider its pension decision under Art. 53(2) LPGA after a prior material judicial review.
Extrahierter Entscheid
No. Once a court has materially ruled on the right to the pension, the administration may no longer reconsider the decision as manifestly erroneous on the same basis.
Extrahierte Begründung
Reconsideration under Art. 53(2) LPGA is excluded where a judicial authority has already decided the merits, because legal certainty and the binding effect of judicial review prevail over correction of an allegedly incorrect administrative decision.