Key legal question
Whether the retroactive revocation of the full disability pension was lawful under Art. 53 ATSG.
Extracted holding
Yes. The reopening ground of Art. 53(1) ATSG was met because new significant evidence from the criminal proceedings showed concealed gainful work during the pension period.
Extracted reasoning
The court left open whether the original pension award had been manifestly incorrect under Art. 53(2) ATSG, because newly discovered evidence obtained in criminal proceedings proved substantial earnings from work that had not previously been accessible to the IV office.