Questione giuridica chiave
Whether the insured had a right to more than a quarter disability pension from 1 October 2004.
Decisione estratta
No. The established residual earning capacity of 60% in adapted work did not justify a pension higher than a quarter.
Motivazione estratta
The Federal Court was bound by the cantonal findings on residual work capacity absent manifest error. The treating psychiatrist’s contrary assessment could not displace the expert evidence. The relevant period was the time of pension withdrawal, not later employment in 2010. The hardship pension provision invoked by the appellant had already been abolished.