Reconsideration of a legally binding decree on the calculation of the disability pension

Facts

- Ms. X suffered from chronic ulcerative colitis and received a full disability pension from the Disability Insurance (IV) from 1976 onwards. After her re-employment in 1977, the pension was first reduced to a half and then completely terminated. - In 1986, Ms. X reapplied to the Disability Insurance for a pension. The Compensation Office (Ausgleichskasse) granted her a half pension from 1985 and a full pension from 1987. - Ms. X filed a complaint requesting that the pension be calculated based on the previous calculation basis.

Considerations

- The Federal Court examined whether the requirements for a reconsideration of the pension termination of December 19, 1977 were met. - It concluded that the Compensation Office had wrongly denied the reconsideration requirements at the time. The decree of December 19, 1977 proved to be clearly incorrect, as the Compensation Office had not conducted an income comparison, although Ms. X was…