Lawyer
Lawyer practicing pension law. Specializes in the field of recalculation of pensions of military personnel, persons affected by the accident at the Chernobyl nuclear power plant, confirmation of seniority and crediting of preferential seniority.
Disability pension for military personnel
Pension provision for persons who defended the Motherland and became disabled during the performance of military duty is one of the state’s priorities. A military disability pension is not just a payment, but recognition by the state of the special status and contribution of a serviceman to ensuring the security of the country.
Who is eligible for a disability pension?
The right to receive a disability pension is granted to military personnel who:
- Became disabled as a result of an illness directly related to military service;
- Became disabled as a result of wounds, contusions or injuries received while performing military duty.
Pension size and its calculation
The amount of the disability pension is determined individually for each case and depends on the disability group, length of military service and other factors stipulated by law. As a rule, the pension is calculated as a percentage of the monetary allowance that the serviceman received at the time of dismissal.
The procedure for assigning a military pension involves several stages:
- Application to the RTCC and JV: after discharge from service, a serviceman submits an application to the regional territorial center for recruitment and social support to provide the Pension Fund with original documents related to his military service.
- Application to the Pension Fund: after discharge from service, a serviceman submits an application to the territorial office of the Pension Fund at his place of residence.
- Collection of necessary documents: a package of documents confirming the right to a pension is attached to the application.
Such documents include:
- Passport;
- Identification code;
- Military ID;
- Extract from the order of dismissal from service;
- Documents confirming military service experience;
- Other documents that may be required depending on the specific situation.
Application review: The Pension Fund reviews the submitted documents and makes a decision on the assignment of a pension.
Decision making: The pensioner is informed in writing of the results of the application review.
Pension payment: In the event of a positive decision, the pension begins to be paid from the month following the month in which the application was submitted.
Recalculation of military pensions is a procedure that is carried out periodically in order to bring the pension amount into line with changes in legislation and to increase the level of financial support for military personnel.
Reasons for recalculation
- Changes in legislation: changes in the legislation on pension provision for military personnel may lead to automatic recalculation of pensions.
- Increase in monetary provision: an increase in the monetary provision for military personnel usually entails a recalculation of pensions.
- Change in the pensioner’s status: for example, receiving a more severe disability group may lead to a recalculation of the pension to a higher amount.
Recalculation procedure
The pension change will take place automatically. The Pension Fund will carry out reorganizations on the data base as it may have on its base. However, in most cases, pensioners often need legal assistance.
If the pensioner does not comply with the decisions of the Pension Fund regarding the assigned pension, or with the increase in its size, he has the right to go to court with a summons.
Application review periods
The Pension Fund is obliged to consider the application for the appointment of a pension within the period established by law.
Required documents: The list of required documents may vary depending on the specific case.
Legal advice: In complex cases, it is recommended to seek legal advice.
Additional guarantees and benefits
In addition to a pension, disabled military personnel have the right to a number of additional guarantees and benefits provided by law. In particular, this may include free spa treatment, discounted travel on public transport, and provision of housing.
Judicial appeal
If you do not agree with the Pension Fund’s decision to refuse to grant you a pension or with the calculation of its amount, you have the right to file a claim in court.
It is important to remember:
- Legislation is constantly changing. It is recommended to periodically monitor the latest changes in the legislation on pension provision.
- Each case is individual. The amount of the pension and the procedure for its assignment may differ depending on specific circumstances.
- Legal advice. For detailed information and assistance in resolving issues related to pension provision, it is recommended to contact a lawyer.
A disability pension for military personnel is an important social guarantee that provides a decent standard of living for people who defended their homeland and became disabled. The state is obliged to ensure an appropriate level of pension provision for military invalids and constantly improve the mechanisms for its provision.
If you need legal assistance in recalculating your pension, fill out the form on the website and our lawyer will contact you shortly.
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Is it possible to increase the amount of the pension through the court?
Yes, it is possible, but it all depends on the type of pension the pensioner receives. In most cases, the court takes the side of pensioners, but it is necessary to provide a maximum of documents that confirm the increase in the amount of the pension (including certificates of seniority and earnings).
What to do if the Pension Fund does not comply with the court decision?
I would like to note right away that the Constitution of Ukraine has defined the obligation to execute the court decision, however, the PFU neglects this obligation and delays the execution of the decision or does not fulfill it at all. Among the effective ways that can be offered in order to implement the court decision:
- lawyer’s request;
- receiving executive letters from the court with subsequent appeal to the executive service;
- submission of applications to the court in accordance with Articles 382 and 383 of the Civil Code of Ukraine.
I emphasize that in this way it is impossible to solve the issue of receiving the debt, since there is another payment procedure.
What is required to apply for a pension?
An application for a pension can be made at any time after the right to a pension has arisen or no earlier than one month before reaching the retirement age.
To apply for a pension, you need to collect the necessary list of documents and apply for a pension to the Pension Fund.
The pension application is considered within 10 days, and a corresponding decision is made based on the results of such consideration.
Is it possible to appeal against the Pension Fund's refusal to grant a pension?
We would like to note that the Pension Fund quite often refuses to grant a pension for one reason or another. However, an effective way to restore the violated right in case of refusal to grant a pension is to appeal the decision on the refusal to grant a pension to the court within 6 months from the day when the person learned or should have learned about the violation of his right. In most cases, the court sided with the pensioners, as the refusals to grant a pension are unfounded and due to formal circumstances.
Is it possible to get a lawyer's consultation by phone if it is not possible to come to the office?
Yes, our lawyers provide consultations online: by phone, video call, and Viber. We have many clients from different regions of Ukraine, whose interests we successfully defended in court and helped increase their pension. We conclude the contract remotely and exchange documents via Nova Poshta, Viber or email.
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