Questione giuridica chiave
Whether the appealed decision on the allocation of the disability pension retroactive payment had to be revised in favor of SWICA under Article 53(3) LPGA.
Decisione estratta
The authority’s later position amounted materially to reconsideration of the contested decision, and the revised allocation was consistent with federal law; the appeal was therefore admitted and the decision revised.
Motivazione estratta
The CCVC’s and AI office’s later submissions accepted the solution advocated by SWICA and corresponded, in substance, to reconsideration of the disputed point under Article 53(3) LPGA. The court found no reason to doubt the new distribution, which conformed to federal law.