Questão jurídica principal
Whether the insured was entitled to a half IV pension from November 2009 to January 2010.
Decisão extraída
No. At pension commencement in November 2009, the relevant work capacity was 70%, resulting in only a 40% invalidity degree.
Fundamentação extraída
The waiting period ended in October 2009 and the pension could begin only in November 2009. The later improvement rule of Art. 88a IVV does not apply to the initial pension determination; therefore the income comparison had to be based on the 70% residual capacity existing at pension onset.