Key legal question
When must the exploitability of residual work capacity be assessed for older insured persons?
Extracted holding
It must be assessed when medical records reliably establish the medical permissibility of the relevant work capacity, here on 19 Dec 2008.
Extracted reasoning
The court harmonized prior case law and, via inter-division procedure, adopted the date when medical evidence sufficiently clarifies the remaining work capacity. That moment best fits the duty to mitigate damage and the need not to require exploitation of an uncertain, disputed capacity.