Questão jurídica principal
Whether the insured remained entitled to a disability pension after 30 November 2008
Decisão extraída
No. The remaining incapacity of 20% did not reach the minimum disability degree of 40% required for a pension.
Fundamentação extraída
The Federal Court upheld the cantonal finding that, after a period of full incapacity due to bladder cancer and surgeries, the insured again had an 80% work capacity. The appellant only raised inadmissible criticism of the evidentiary assessment; no manifestly incorrect fact-finding was shown.