Question juridique clé
Whether the 1993 award of a full invalidity pension could be reconsidered as manifestly erroneous under Art. 53(2) LPGA
Solution extraite
No. The original award was not manifestly incorrect because the office had examined rehabilitation possibilities and could reasonably rely on the rehabilitation service's view at the time.
Motifs extraits
Reconsideration requires a clear, undeniable error assessed on the law and facts existing when the original decision was made. Here, rehabilitation had been considered; the office had before it a medical report and a specialized rehabilitation assessment. The original choice to grant and maintain the pension was therefore defensible and not manifestly untenable.