APPEAL OF THE DECISION OF THE PFU

Despite the fact that the Pension Fund of Ukraine should be aimed at fair decisions in relation to pensioners, legal practice today often indicates the opposite. Quite often, our company is approached by clients who need to protect their rights precisely in those situations where a violation occurs on the part of PFCs. This category of requests belongs to the significant specialization of Prikhodko&Partners. The current legislation and reality, unfortunately, often run counter to each other. So the situation when officials from the Pension Fund are strongly opposed to a pensioner is not uncommon. Therefore, high-quality legal assistance is relevant and allows you to receive a pension in the amount in which it is provided for by law.

The most relevant categories of cases to appeal against the actions of the PFU

So, let’s touch in more detail on the cases in which customers often contact us:

• Denial of a pension. It often happens that the experience is not taken into account properly. Or, for example, the inconsistency of entries in the work book becomes the reason that they are not accepted for consideration. To prove the truth and defend your rights, you should use the services of professional lawyers who can do this at the proper level.
• Refusal to transfer from an old-age pension to a civil servant’s pension under the “old” law. Conflicts of legislation may be the reason why officials focus on those norms that do not correspond to the real situation and fair principles of pension provision.
• Refusal to recalculate the military pension according to the updated certificate. With such a request, retired servicemen are treated very often. Despite the bureaucratic complications, these cases are winning. Therefore, you should not give up when you receive an unfair decision from the PFU.
• Refusal to recalculate the military pension in the proper percentage. We have won quite a few cases when we were able to legally oblige the Pension Fund to take into account everything, including additional types of pension provision when recalculating pensions. As a result, the pension is almost doubled, and for the period when it was not received in the proper amount, the military pensioner receives appropriate compensation.
• Refusal to recalculate the military pension without limiting the maximum amount of the pension. The request in this question is also quite common, and we know how to work with it.
• Refusal to return the surcharge for military pensioners in the amount of UAH 2,000. A pension with such an additional payment is much more tangible – especially if you take into account the factor of the constancy of its receipt.
• Refusal to assign a military pension. This happens when it is difficult to find documents confirming tenure in certain positions. Also, sometimes the PFU does not want to take into account preferential length of service. For example, these are periods where the relevant Resolution of the Cabinet of Ministers provides for the crediting of one month for two or three. We know how to act in such situations in order to defend the rights of the client.
• Refusal to assign an additional payment for accommodation in the II and III zones of the Chernobyl nuclear power plant. This is another category of requests where the rights of pensioners are violated and need to be protected.

The above list is not all cases in which we can help clients. These are just the most common of them, and in practice there can be many more reasons for applying.

What actions should be taken if there is a fact of illegal actions on the part of the PFU?

Refusal from the Pension Fund is not the end result in a situation with the appointment or recalculation of a pension. You should contact professionals with experience in pension matters. The task of such specialists is to carefully analyze the situation and choose the most successful algorithm of actions in it.

The team of Prikhodko&Partners law office has extensive experience in the above-mentioned categories of cases to appeal against the actions of PFCs. Therefore, we can provide qualified and “turnkey” advice and further accompany the case in court. We make sure that our clients feel reliable legal support and are confident that their case will be resolved positively.