Key legal question
Whether the insured person is entitled to a full disability pension from 1 April 2007.
Extracted holding
Yes. The expert evidence showed that the remaining work capacity was no longer exploitable on a balanced labor market, so the conditions for a full pension were met from 1 April 2007.
Extracted reasoning
The court gave full evidentiary weight to the comprehensive judicial expert report. Under Article 28 LAI, a non-exploitable residual capacity opened the right to a full pension, and under Article 88a RAI the increase takes effect after three uninterrupted months, i.e. from 1 April 2007.