Questão jurídica principal
Whether the insured was entitled to an invalidity pension from 1 August 2003 to 19 June 2007 despite planned but delayed foot surgery and reintegration measures.
Decisão extraída
The pension issue had to be reassessed because, under the binding remand reasoning of the earlier federal judgment, the insured remained non-reintegrable until the foot-stiffening operation was performed.
Fundamentação extraída
The prior federal judgment bound the authorities to treat the claimant as not yet reintegrable while surgery was seriously indicated. The IV office could not rely on a BEFAS report finding full capacity in adapted work to deny pension rights for that period. Its later conduct also created legitimate expectations and amounted to inconsistent behavior.