Questão jurídica principal
Whether the insured person fulfilled the statutory requirements for an invalidity pension under Art. 28 and 29 IVG
Decisão extraída
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.
Fundamentação extraída
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.