Questão jurídica principal
Whether the pension reduction for failure to cooperate with treatment under Art. 21(4) ATSG was lawful despite later treatment initiation.
Decisão extraída
The reduction was lawful; the insured person remained obliged to exhaust reasonable treatment options, and the later treatment start did not prevent the reduction.
Fundamentação extraída
The duty to mitigate damage lies directly with the insured person, not with the administration. The court of appeal could not shift the burden onto the IV office or require closer supervisory accompaniment. The claimant had long been aware of the need to pursue therapy, yet did not even follow prescribed medication.