Supreme Court dismisses appeal in social security cases where new disability facts arise after first instance judgment.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a pension recipient against a court ruling denying her disability pension. The applicant argued that new medical evidence of her deteriorating mental health, discovered after the first-instance judgment, should have been considered. The Court held that Article 47714 § 4 of the Civil Procedure Code does not apply in appeal proceedings for social security benefits if new circumstances regarding disability arose after the first-instance judgment was rendered.
Regesto Legislator
Generato dall'IAArt. 47714 § 4 k.p.c.; Art. 381 k.p.c. in conjunction with Art. 368 § 1 pkt 4 k.p.c.; The court cannot rule on the merits of social security benefit cases based on new facts concerning disability that emerged after the first-instance judgment.