Questão jurídica principal
Whether the original 1997 pension award could be reconsidered under Article 53(2) LPGA as manifestly incorrect and important to correct.
Decisão extraída
A later medical reassessment does not by itself show that the original pension award was manifestly erroneous; the relevant question is the factual and legal situation at the time of the 1997 decision.
Fundamentação extraída
The cantonal court assessed the case as if deciding entitlement for the first time and relied almost exclusively on later expert evidence. The Federal Court held that reconsideration requires an error apparent in light of the law and facts existing when the original decision was made. Because the lower court made no factual findings on manifest error at that time, the case had to be remanded.