Key legal question
Whether the insured was entitled to a disability pension despite the medical evidence
Extracted holding
No. The court held that the insured remained fully capable of working in a light, alternating activity, so the disability degree stayed below 40% and no pension was due.
Extracted reasoning
Earlier opinions of full incapacity were overtaken by later medical reports showing that the radicular syndrome was no longer demonstrable. The insured did not show that further medical evidence would yield new findings, and the RAD opinions matched the reliable specialist reports.