Question juridique clé
Whether the 2008 pension decision could be reconsidered under Art. 53(2) LPGA as manifestly erroneous
Solution extraite
Yes. The original grant rested on an obviously wrong income comparison, because the office used the actual reduced earnings in the former job instead of the available income in an adapted occupation.
Motifs extraits
Reconsideration is possible when the original decision is clearly incorrect on the facts and law as they existed then, and when the error is manifest. Here several contemporaneous medical reports already showed full work capacity in adapted work, so the office's contrary pension award was an obvious misuse of discretion.