Facts
The complainant, [C.] , received a half pension from 1 May 1998 and a full pension from 1 July 2000 from the disability insurance. In February 2005, the InvIA office of the canton of Zurich initiated a revision procedure and cancelled the full pension as of the end of May 2005. The complainant lodged an objection, and the InvIA office conducted further investigations. With the objection decision of 18 January 2007, the InvIA office granted the complainant a quarter pension as of 1 June 2005.
The Social Insurance Court of the canton of Zurich dismissed the complainant's appeal. The complainant is now filing a complaint in public law matters with the request to repeal the court decision and the objection decision and to continue paying him a full pension, or at least a three-quarter pension, as of 1 June 2005.
Considerations
The FSCA has to examine whether the lower court rightly confirmed the reduction of the full pension to a quarter pension with the substituted reasoning of the obvious incorrectness of the original pension decision. The lower court found that the decision of 14 February 2001 was issued without considering any disability-adapted activities.
The FSCA also has to examine whether the lower court heard the complainant before confirming the reduction of the pension with the substituted reasoning. The lower court did not hear the complainant, which constitutes a violation of the right to be heard. However, the violation of the right to be heard only leads to the repeal of the contested decision if the correction of the defect can be decisive for the outcome of the proceedings.
The FSCA also has to review the lower court's assessment of the complainant's disability. The…