Key legal question
Whether the insured person fulfilled the statutory requirements for an invalidity pension under Art. 28 and 29 IVG
Extracted holding
No pension entitlement arose because the medical evidence showed at most a 30% incapacity and did not establish a one-year period of at least 40% incapacity.
Extracted reasoning
The Federal Supreme Court held that the cantonal court disregarded Art. 29(1)(b) IVG. The expert report was conclusive and excluded the minimum average incapacity required during the waiting period.