Questão jurídica principal
Whether the claimant was insured when the invalidity arose and thus entitled to an ordinary invalidity pension.
Decisão extraída
The cantonal judgment had to be set aside because it rested on incomplete facts; the timing of the invalidity and the contribution period had not been properly established.
Fundamentação extraída
The lower court failed to determine when the claimant's health conditions caused a relevant loss of work capacity and therefore when invalidity arose. It also misapplied the rule on the spouse's contribution period by assuming the accident-related invalidity must have arisen before 17 August 2004, whereas, if the accident caused 40% incapacity, invalidity would only arise one year later, by which time the spouse had already contributed for more than a year.