Kernrechtsfrage
Whether the 1999 pension award could be reconsidered as manifestly erroneous under Art. 53 para. 2 LPGA
Extrahierter Entscheid
The original pension decision was not manifestly erroneous; reconsidération was unavailable because the office had based itself on the medical record then available and could rely on total incapacity.
Extrahierte Begründung
The court assessed the situation as of the 1999 decision. The doctors' reports supported incapacity not only by somatoform pain or fibromyalgia, but also by chronic anxio-depressive state and a major depressive episode. The later, stricter jurisprudence could not be used retrospectively to transform the earlier decision into a manifest error.