Questão jurídica principal
Whether the breach of the right to be heard in the pre-decision procedure was curable and what effect this had on the pension revocation date.
Decisão extraída
The hearing defect was curable in the court proceedings, but the revocation could take effect only as of May 1, 2008, not March 1, 2008.
Fundamentação extraída
The IV office failed to confront the insured's objections and did not disclose essential medical reports before issuing the decision. Cure in appeal proceedings must not put the administration in a better position than proper procedure would have done; therefore the earliest lawful effective date governed.