Questão jurídica principal
Whether the denial of an invalidity pension was lawful
Decisão extraída
The denial was upheld because the insured person had only a 30% loss of earning capacity after March 2016, resulting in an invalidity degree of 30%.
Fundamentação extraída
The court found the D.___-expertise fully probative. It accepted a 100% incapacity from March to December 2016, but held that the pension entitlement could start only after the waiting period, and from January 2017 the insured person retained 70% work capacity in adapted work. Using the last earned dispatcher salary, the resulting invalidity degree was 30%, below the pension threshold.