Time limit for appealing the Pension Fund’s decision to the Court

"Amаt victoria curam – victory loves diligence".

Kolhanov Ivan

Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law.

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Time limit for appealing the Pension Fund’s decision to the Court

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Statistical data concerning the work of administrative courts indicate that the largest number of disputes are directed against the Pension Fund and its main offices. Unfortunately, these are the realities of life. From a body that should direct its activities to protect the rights of pensioners, the PF very often turns into their key opponent. This can be for various reasons - for example, disregarding a part of the insurance period due to unclear entries in the work book, refusal to transfer a pension to military personnel based on updated certificates of financial support, disregarding the preferential period of service.

Why is legal support in such matters important?

Above were mentioned only some of the frequently spread variants of situations. In practice, there are many more possible problems. In all such situations, it is worth contacting professional lawyers who are able to help competently and qualitatively. You will find such specialists at the Prykhodko and Partners law office, because pension law is one of our specializations. We regularly take on such requests and improve the lives of our clients by representing their interests in the PF court.

 

Why do you need to use the pre-trial regulation option first?

The current Code of Administrative Proceedings determines that one of the significant conditions for using the judicial way to defend one's rights is to take measures for pre-trial settlement of the dispute. To put it simply, before filing an administrative lawsuit in court, you need to contact the authorized bodies of the PF itself and try to solve the problem. As our regular practice shows, this stage is more of a formality. It is really necessary, however, in the vast majority of cases it does not give any result and only becomes evidence for the court that the person tried to solve the issue with the Pension Fund directly.

When the PF officials refuse what the pensioner is applying for (for example, recalculation of the pension), they inform the applicant about this in an official letter. And when you have such a document in your hands, it is easier for you to defend yourself in court.

What do you need to know about the application deadline?

From the moment when you received such an official letter with a refusal, the countdown begins, when you can apply to the court. If you are interested in this issue in more detail, we recommend that you familiarize yourself with Chapter 6 of the CASU, which is entitled "Procedural terms". There you will see information about the very concept of deadlines, the principles of their calculation, renewal and extension of deadlines, the consequences of missing them.

If we talk about it in general terms, then in part 2 of Art. 122 of the Civil Code contains information that a person is given 6 months from the moment he learned or should have learned that his rights, freedoms, or interests were violated in order to apply to the administrative court.

 

Why not delay?

As evidenced by our practice of defending client interests, pensioners often delay after receiving a letter denying their request from the PF. This leads to missed deadlines and to the fact that it is very difficult to renew these deadlines later. Therefore, you should not postpone solving the issue for later. As soon as you receive the letter, contact a team of qualified specialists who can take care of you in legal matters. In our law office, you will meet just such specialists.

To receive advice or legal assistance in disputes with the Pension Fund - fill out the form on our website and our lawyer will contact you in the near future.

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