Legal assistance in applying for a pension

Registration of a pension is a complex process that often requires the support of a professional lawyer. This statement is especially relevant if we consider that representatives of the Pension Fund of Ukraine often create artificial obstacles for pensioners on their part. Such a situation requires further intervention of a specialist in order to defend the rights and legitimate interests of the client.

We suggest learning more about the topic of pension provision in Ukraine, as well as how the services of experts working in the team of the law firm “Prikhodko & Partners” will be useful in this category of cases. We have professionals who specialize in pension law and have experience in the work of the Pension Fund. This helps to understand many problems from the inside and have effective levers of influence on their solution.

What types of pensions are there in Ukraine?

Today, the pension legislation of Ukraine provides for the existence of the following types of pensions:

1. by age on a general basis;
2. by age on preferential terms;
3. in connection with disability;
4. for length of service;
5. in connection with the loss of a breadwinner.

Each of these types of pensions has its own characteristics, and our specialists know the most common problems that arise when assigning a pension. Therefore, in each category of cases, we understand the optimal algorithms of actions for a high-quality influence on the situation and solving the requests of our clients.

Application for a pension: requirements

When we talk about an application for the appointment of a pension to military personnel or police officers, it must be drawn up in accordance with the “Procedure for the submission and execution of documents for the appointment (recalculation) of pensions in accordance with the Law of Ukraine “On pension provision for persons discharged from military service and certain other persons”, approved by the Resolution of the Pension Fund of Ukraine dated January 30, 2007 № 3-1 (Appendix 1 to the Procedure).

As for civil pensions, the requirements of the “Procedure for the submission and execution of documents for the appointment (recalculation) of pensions in accordance with the Law of Ukraine “On Compulsory State Pension Insurance”, approved by Resolution of the Board of the Pension Fund of Ukraine № 22-1 of November 25, 2005 (as amended by Resolution of the Board of the Pension Fund of Ukraine № 13-1 of July 7, 2014 (Appendix 1 to the Procedure) are relevant here.

In addition to the application, it is necessary to collect a package of documents confirming that the person has grounds for assigning a pension. The specified Procedures contain information about such documents.

What is important to know about pension assignment?

If the application is made in any form, the corresponding intention of the pensioner regarding the implementation of the pension registration should be specifically indicated. And if the Pension Fund refuses to assign on formal grounds (for example, the application was not submitted in accordance with the Procedure), such a refusal can be appealed in court.

Practice shows that it is the judicial method of protecting pensioners’ rights that is the most effective, since the PFU officials themselves are very reluctant to respond to attempts to appeal their actions administratively – to the highest body of the Pension Fund. In the path of judicial protection, the quality and professionalism of the assistance provided to the client is often of decisive importance. You can order the relevant services by contacting us.

Frequent reasons for refusal to grant a pension

Some of these reasons include:

• lack of required work experience;
• lack of required age.

Let’s look at each of these points in more detail. So, regarding the lack of work experience, we are talking, as a rule, about the following problems:

• deficiencies in filling out the work record book (for example, unclear entries in it);
• work in other countries;
• questions regarding certification of workplaces;
• lack of clarifying documents confirming preferential work experience or its harmfulness, when we are talking about the appointment of a preferential pension according to Lists No. 1 and No. 2;
• provision of certificates of work experience issued in temporarily uncontrolled territories;
  inaccuracies contained in the applicant’s documents (for example, the last name or first name are
• different in the passport and work record book);
• lack of clarifying documents confirming preferential work experience or data on the harmfulness of the work;
• failure to take into account work experience in the preferential calculation.

As for the absence of the required age, this is typical for women who have the right to receive a preferential pension under Lists № 1 and № 2.

The above situations are the most common, however, this is not the entire list of reasons for which a pension may be denied. As for military pensions, in such cases questions about the enrollment of seniority also often arise.

How can we help?

When you contact pension law specialists working at the “Prikhodko & Partners” law firm, during the initial consultation on filing an application for a pension, we analyze the available documents, calculate the approximate length of service and identify which periods of work may be problematic. And, of course, we plan how this can be resolved.

If there is a refusal in which the right to a pension is violated, we analyze the refusal, develop a plan for further action and begin an appeal.

To sign up for an initial consultation, fill out the feedback form on our website. We will then call you back.