Questão jurídica principal
Whether the insurer had to enter into the new AI application based on a claimed deterioration since the prior final decision
Decisão extraída
The insured did not render a plausible worsening of health after the relevant comparison decision; the refusal to enter into the new application was lawful.
Fundamentação extraída
For a new application, the comparison is made with the last materially reasoned decision. The 29 September 2008 decision was based on a substantive medical assessment and therefore served as the temporal reference point. The later medical note lacked objectively verifiable elements showing a relevant worsening of the psychiatric condition or its effect on work capacity.