Questione giuridica chiave
Whether the cantonal court violated the insured person's right to be heard by relying on reconsideration grounds not previously raised.
Decisione estratta
Yes. The insured had to be invited to comment before the court could uphold the pension withdrawal on the basis of manifest error and reconsideration.
Motivazione estratta
A court may uphold a revision decision on substituted reconsideration grounds only if the insured can comment on that legal basis; otherwise Art. 29(2) Cst. is violated and the omission cannot be cured at federal level.