Questão jurídica principal
Whether the pension could be revised and terminated retroactively under Art. 17 ATSG and Art. 53 ATSG.
Decisão extraída
The insurer failed to show a basis for retroactive termination as of end-2002; the later expert report and surveillance did not prove a relevant earlier change with sufficient certainty.
Fundamentação extraída
The court held that surveillance findings alone were insufficient. The expert report mainly reassessed already known medical facts and did not clearly establish that the status quo sine vel ante had been reached already in 2002. A material change was only sufficiently shown by the time of completion of the expert assessment in October 2009.