Key legal question
Whether the 2003 pension award was manifestly incorrect and could be reconsidered under Art. 53(2) ATSG.
Extracted holding
Yes. The original pension award was based on an incorrect legal concept of disability because no assessment of adapted work capacity and no income comparison were made.
Extracted reasoning
A pension may be reconsidered when no reasonable doubt exists that the prior decision was wrong and correction is significant. Here the office relied only on incapacity in the former job, not on capacity in suitable work, which is a legal error in disability assessment.