Facts
The disability insurance office of the canton of St. Gallen granted [S.] , born in 1948, a full disability pension as of January 1, 2002. In March 2005, the administration initiated a revision procedure ex officio and conducted corresponding investigations. By decision of May 4, 2006, it revoked the pension, stating that the insured person's state of health had improved and that earning an income excluding a pension was possible. The Social Insurance Court of the canton of St. Gallen overturned the appeal decision of August 14, 2006, and referred the matter back to the InvIA for consideration of the appeal in accordance with the reasons.
The InvIA of the canton of St. Gallen filed a complaint in public law matters with the request that the decision of December 3, 2007, be overturned and, if necessary, the dispute be referred back to the cantonal court for assessment of the prerequisites for reconsideration.
Considerations
The Federal Court has dealt with the question of whether the InvIA can revoke a formally final decision or a formally final appeal decision pursuant to Art. 53 para. 2 GSSLA through reconsideration. The lower court had decided that the InvIA had to issue a decision on the reconsideration of the full pension and was not allowed to rule on the pension revision within the framework of the appeal decision.
However, the Federal Court has decided that the InvIA can approve the appeal and at the same time order the reduction or revocation of the pension through reconsideration. This approach is essentially the same as if the InvIA had granted the insured person legal hearing in the appeal procedure to substitute the reasoning.
The Federal Court has also decided that the reconsideration of formally final decisions or appeal decisions within the meaning of Art.…