Question juridique clé
Whether the insured is entitled to an invalidity pension from October 2008
Solution extraite
No pension entitlement was established; the court upheld the finding that the waiting period under the IV Act was not met and that the residual work capacity led to a non-rentable degree of invalidity.
Motifs extraits
The psychiatric expert report had full probative value; it supported a 20% loss of capacity only. There was no proven year-long average incapacity of at least 40% without substantial interruption, so the statutory waiting period was not satisfied.