Questione giuridica chiave
Whether the insured was entitled to a higher invalidity pension from 1 January 2002 onward.
Decisione estratta
She was entitled to a half pension from 1 January 2002 until 31 March 2007; thereafter only a quarter pension remained due.
Motivazione estratta
The court held that the lower court had made an obviously incorrect finding by relying on an expert opinion that attributed a higher work capacity from May 2000, although binding earlier findings established a 50% incapacity in January 2001. A health change was nevertheless proven by the later expert report, and the resulting earning capacity yielded an invalidity degree of 57.5% until the improvement took effect.