Questione giuridica chiave
Whether the withdrawal of the disability pension for failure to mitigate was lawful.
Decisione estratta
Yes. The pension withdrawal was lawful because the insured did not undergo the recommended psychiatric treatment for about two and a half years, and the administration could reasonably expect success from the measure.
Motivazione estratta
The factual findings that the treatment was promising and not a major intervention were not shown to be legally erroneous or manifestly incorrect. The insured did not timely seek psychiatric treatment, and the resulting chronicification risk did not make the measure disproportionate.