Questão jurídica principal
Whether the insured had a right to a whole invalidity pension from 1 February 2003
Decisão extraída
The pension could not be awarded from 1 February 2003; the decisive increase in incapacity took effect only from February 2005, and the widow’s pension remained payable because it was higher.
Fundamentação extraída
The psychiatric reports showed work incapacity from June 2003 and a severe deterioration in November 2004. Under the three-month rule, the worsening affected entitlement only from February 2005. Because the widow’s pension exceeded the invalidity pension amount, the higher widow’s pension had to continue to be paid under Art. 43 Abs. 1 IVG.