Case: They helped to remove the limit on the maximum amount from the pension of a pensioner-liquidator of the Chernobyl Nuclear Power Plant

Client: retired liquidator of ChNPP category 1

Region: Donetsk region

The essence of the case (problem): limitation of pension payment to the maximum amount

Desired result: removal of the maximum pension limit

Responsible lawyer: Kozhukhov Lubomyr

The circumstances of the case

We were contacted by a Client who has a pension payment limit, namely UAH 23,610 (10 subsistence minimums). However, he did not know where to start and how to correctly prepare all the necessary documents for submission to the Main Department of the Pension Fund of Ukraine. He was afraid that incorrect filling of documents and lack of professional knowledge could cause difficulties in obtaining the desired result. And it was at this moment that he turned to our pension lawyer Lubomir.

The progress of the case

Lubomyr concentrated on a detailed study of the case. The first task was to collect all the necessary evidence that would confirm the legal right to recalculation in connection with the lifting of the maximum size restriction.

• First step: consultation

At the first stage, Lubomyr held a consultation with the client, during which he explained all aspects of the law and the procedure for preparing documents. He explained in detail what documents must be collected to confirm the status of such a pensioner-liquidator of the Chernobyl Nuclear Power Plant, who has the right to recalculate his pension without restrictions.

• The second step: preparation and submission of documents to the Pension Fund

The next step was the preparation of documents. The lawyer prepared a statement in which, relying on the decision of the Constitutional Court of Ukraine № 2-р(II)/2024 dated 03.20.2024, he substantiated the illegality of the pension restriction.

In the statement, it was clearly stated that the Client is a pensioner-liquidator of the Chernobyl Nuclear Power Plant and has a disability group related to radiation exposure, his pension is limited to the maximum amount, and therefore, from 03.21.2024, he has the right to recalculation without limitation.

• The third step: submission of documents and legal support in court

Of course, the Main Administration of the Pension Fund of Ukraine refused the Client to recalculate, citing the lack of a recalculation mechanism. But even such an answer can be considered a refusal and can be challenged in court. Accordingly, after preparing all the necessary evidence of the anti-corruption decision of the PFU, lawyer Lubomyr filed a claim with the court. Explanations were additionally attached to the lawsuit, which influenced the court’s resolution of this case in the shortest possible time.

• Fourth step: Court decision

Subsequently, a month after filing the lawsuit, we already received a decision by which the court ruled:

• “The Client’s administrative claim to the Main Department of the Pension Fund of Ukraine in the Donetsk region (Sobornosti Square, building 3, Slovyansk, Donetsk region 84122, EDRPOU code 13486010) to recognize the actions as illegal and partially satisfy the obligation to perform certain actions.
• To recognize as illegal the actions of the Main Department of the Pension Fund of Ukraine in Donetsk region regarding the restriction of the Client’s payment of the pension to the maximum amount, which does not exceed ten subsistence minimums, established for persons who have lost their ability to work, from 03.21.2024.
• Oblige the Main Department of the Pension Fund of Ukraine in Donetsk region to recalculate and pay the Client’s previously appointed pension in accordance with the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster” from 21.03.2024 without limiting its maximum amount and taking into account the paid sadness.”

Result

Thanks to the professional help of lawyer Ljubomir, the Client was able to successfully receive his due and fairly calculated pension. The pension fund was forced to recognize his right to recalculate and recalculate his pension in accordance with the decision of the Constitutional Court of Ukraine № 2-р(II)/2024 dated 03/20/2024, as he is a pensioner-liquidator of ChNPP category 1, whose pension was limited to the maximum amount.

This case demonstrates how important qualified legal support is during the process of transferring the pension of the liquidator of the accident at the Chernobyl nuclear power plant without a limit to the maximum amount in court. In cases where specific legal knowledge and procedural compliance are required, the assistance of a pensions lawyer can be critical to success. The lawyer not only helped the Client collect all the necessary documents, but also provided important support at every stage of the process, which enabled him to defend his constitutional rights to compensation for health damage caused by the liquidation of the consequences of the Chernobyl accident.

If you need the help of a lawyer to transfer your pension, fill out the form on the website or call a lawyer.