Questão jurídica principal
Whether the insured is entitled to retroactive payment of a disability pension for 23 August 1996 to 31 July 1998 under reconsideration rules.
Decisão extraída
No. Once the error in the final 15 June 2001 decision was discovered, pension payment could no longer be made ex nunc; the claim for retroactive payment therefore fails.
Fundamentação extraída
The court held that the earlier decision was clearly incorrect, but under the applicable reconsideration framework and Art. 88bis(1)(c) IVV, a pension could not be paid retroactively for the period claimed. Nothing in the appellant's arguments showed an objective impossibility to challenge the 15 June 2001 decision.