Appealing a decision to refuse to recalculate a pension

The issue of pension provision in Ukraine has always aroused considerable public interest, especially among military personnel, civil servants, former employees of customs and tax services. Most often, after applying to the Pension Fund with a request for recalculation or assignment of a pension, a person receives a decision to refuse to assign a pension or refuse to take into account certain periods of service. In such cases, the law gives the right to go to court and appeal the actions of the Pension Fund.

In this article, we will consider what grounds exist for refusal, the time limits for appeal, how to correctly draft a statement of claim, and why it is important to use the services of such specialists as a pension recalculation lawyer or a pension lawyer.

Grounds for refusal to grant a pension

Most often, the decision to refuse to grant a pension is based on the following arguments:

• Insufficient insurance experience. The Pension Fund often does not count certain periods of work due to inaccuracies in documents or due to the lack of archival evidence.
• Doubts about the status of civil service. This applies to former employees of customs and tax authorities, to whom the Pension Fund massively refuses, arguing that their experience does not constitute civil service.
• Lack of certificates of salary. Without confirmation of income, the Pension Fund refuses to recalculate or assign a pension in a larger amount.
• Errors in the work record book. Any inaccuracies in dates, seals or signatures often become grounds for refusal, even if the person actually worked.

In judicial practice, there are often cases when the court recognizes such refusals as illegal. Judges emphasize that the burden of proving the presence of work experience lies with the Pension Fund, and not with the person. If the person has provided sufficient documents, the refusal of the Pension Fund is considered illegal.

The period for appealing a pension fund decision to court

The most common problem in pension disputes is missing the deadline for filing a claim with the court. According to Article 122 of the Code of Administrative Procedure of Ukraine (CAPU), a claim to an administrative court may be filed within six months from the day when a person learned or could learn about the violation of their rights. If a person has received a written refusal from the Pension Fund, this period begins to count from the moment of actual receipt of the document.

At the same time, judicial practice shows that even in cases of missed deadlines, the court can restore them if the person proves the validity of the reasons. For example, illness, lack of information about the possibility of appeal, or military service can be recognized as valid reasons.

Thus, the key is not to delay the appeal. The sooner a person files a claim, the higher the chances of a positive decision. In many cases, only a timely appeal helped former civil servants achieve justice and receive their legally due pension.

Statement of claim to challenge the actions of the pension fund

To appeal a decision to refuse to grant a pension, you must prepare a statement of claim to the administrative court. According to Article 160 of the CAPU, the statement of claim must indicate:

1. The name of the court to which the claim is filed.
2. The details of the plaintiff and defendant (usually the territorial office of the Pension Fund of Ukraine).
3. The essence of the dispute is, for example, to recognize the actions of the Pension Fund of Ukraine as illegal regarding the refusal to count the length of service or the refusal to recalculate the pension.
4. The plaintiff's demands: to oblige the Pension Fund to recalculate, count the relevant periods of service, and pay the lost pension.
5. Evidence: copies of the work record book, salary certificates, orders on appointment to a position, archival documents.

It should be emphasized that high-quality preparation of a claim significantly increases the chances of success. Therefore, in many cases it is advisable to contact a specialist - a lawyer specializing in pension matters, who will help to correctly state the requirements and collect the necessary evidence base.

Court practice in disputes with the Pension Fund

The Supreme Court has repeatedly sided with plaintiffs in disputes with the Pension Fund. For example, the decisions of the Cassation Administrative Court emphasize that service in the tax and customs authorities before the 2016 reform is equivalent to civil service. This means that the length of service of these employees is subject to inclusion when calculating the pension.

Separately, it is necessary to mention cases when the court recognizes the deficiencies in the work record book as insignificant if there are other supporting documents - archival certificates, orders, information on wages. That is, even if the Pension Fund refused, there is a chance to prove the legitimacy of your claims through the court.

Thus, the practice of the courts confirms that the refusals of the Pension Fund are not final and can be successfully appealed.

Legal assistance in applying for a pension

Fighting the Pension Fund on your own is often difficult due to bureaucratic obstacles and legal nuances. That is why it is important to contact specialists. A pension recalculation lawyer or a pension lawyer will help:

• assess the legality of the refusal;
• prepare a statement of claim;
• collect the necessary evidence;
• represent the client's interests in court.

In many cases, legal support becomes a decisive factor in obtaining a positive decision. Moreover, a competent specialist will help not only to win the case, but also to ensure the actual execution of the court decision, that is, to receive a recalculated and paid pension.

To sum it up

The Pension Fund's refusal to recalculate or assign a pension is a common occurrence, especially with regard to former customs officers, tax officials and civil servants. However, such a refusal is not final. Ukrainian legislation and judicial practice provide ample opportunities for protecting rights through administrative courts.

The main thing is to appeal the decision to refuse to assign a pension in a timely manner, draw up a statement of claim correctly and support it with evidence. A lawyer for recalculating pensions or a specialist providing legal assistance in processing a pension will always help with this.

Thanks to persistence and proper legal support, most such cases are resolved in favor of pensioners. Therefore, you should not put up with illegal refusals of the Pension Fund - they can and should be appealed in court.