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.
Pension lawyer Kyiv
Lawsuits against the Pension Fund account for a large share of cases that are currently being considered by administrative courts. As practice shows, it is often the judicial method of influencing the situation that becomes the most effective, given the numerous cases of PFU representatives ignoring the rights and legitimate interests of Ukrainian pensioners.
Unfortunately, there are widespread situations where both the legislation and the practice of the Supreme and Constitutional Courts are on the side of the applicant, but he faces artificial complications in exercising his rights.
Cases may vary – from recalculating a military pension based on an updated certificate of monetary allowance to pensions for individuals who worked in harmful or dangerous conditions in accordance with Lists № 1 and № 2. However, all these situations develop according to the same scenario – a positive decision on the case can be achieved through the courts.
Why is the services of a good lawyer so important?
Practice shows that, provided the proper level of representation, cases where pensioners sue the Pension Fund are winning in the overwhelming majority. That is why it is important to entrust such representation of your interests to a specialist who is well versed in this category of cases.
And in order to understand what strategy and algorithm of actions to choose in each specific case, you need to have sufficient experience working in the Pension Fund bodies. It is difficult for a lawyer who does not have this experience to understand the protocols, calculations, types of payments. In order to work well with such client requests, it is important for a specialist to know from the inside about the work of the Pension Fund and all the pitfalls that an applicant may encounter.
The team of the law firm “Prikhodko & Partners” has such specialists. That is why we specialize in the field of pension law as one of the key areas of our activity.
Just as the Pension Fund bodies have separate departments for working with different types of pension provision, so too in our work there are two key areas:
- representing clients in requests related to “civilian” pensions;
- representation in cases where special pensions are involved (they are available to military personnel, Chernobyl survivors, civil servants, prosecutors, miners and a number of other individuals).
It is important to note that our company takes all pension cases and disputes into support “on a turnkey basis”. But this happens only after a detailed analysis of the pension case has been carried out at the initial consultation and the possibilities of helping to increase the pension have been determined. This approach is honest and realistic, since it makes it possible to work for an achievable and predictable result in the case.
What are our key services in pensions law?
When it comes to so-called civil pensions, we are approached with the following problems and requests:
- illegal termination of pension payments due to a person leaving the country;
- difficulties with switching from one type of pension to another in accordance with the current regulations of the current pension legislation;
- refusal to assign a pension on preferential terms under List № 1 and List № 2;
- problems with confirming insurance (work) experience with a work book (for example, in the case of unclear entries);
- complications in switching from an old-age pension to a civil servant’s pension.
This list does not exhaust the entire range of problems faced by civilian pensioners. If we talk about former military personnel and police officers, they mainly seek legal assistance in the following problems:
- refusal to recalculate the pension based on the updated certificate as of 2019;
- complication in recalculating the pension in the proper percentage ratio, according to the length of service;
- unlawful restriction on the maximum pension amount and the need to remove it;
- the need to return the supplement to the basic pension amount of 2000 hryvnia;
refusal to recalculate the pension taking into account indexation for 2022 and 2023 with the removal of - the maximum size limitation;
- refusal to assign a pension on preferential terms for military personnel;
- difficulties in the process of assigning a pension due to the loss of a breadwinner who was a military serviceman.
Regarding civil servants, teachers and doctors, they turn to pension lawyers when it is necessary to recalculate the pension of civil servants in accordance with the conditions of Law № 3723. During such recalculation, updated certificates must be taken into account. Also, applicants often face a refusal to pay 10 salaries upon retirement. This applies to teachers and doctors.
So, the range of our services is quite wide. This is consulting, legal support and representation of interests in court. And when you receive a court decision in your favor, we are ready to help speed up its execution if the representatives of the Pension Fund delay this process. In such cases, a very effective tool of influence is lawyer’s requests, to which officials of this institution are obliged to respond in a very short time.
Therefore, if you want to know whether there are grounds to expect an improvement in your situation in the context of your pension, you can sign up for an initial consultation by filling out the feedback form on our website, call a lawyer at +38 (073) 007-44-09 or write to Viber.
Calculate the cost of services
1 question
Are you retired yet?
2 question
Do you need advice on calculating your pension?
3 question
Has the Pension Fund refused to grant you a pension?
4 question
Do you have a civil pension?
5 question
Do you have a pension from the security forces (Armed Forces of Ukraine, Security Service of Ukraine, Ministry of Internal Affairs)?
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.
You may also need:
Lawyer in pension cases
Read moreRegistration of pension
Read moreLimiting the Chernobyl pension to the maximum amount
Read moreTransition from a preferential pension to an old-age pension
Read morePension recalculation: why is it worth suing?
Read moreRecalculation of pensions to civil servants
Read morePension for years of service
Read moreComplaint against the actions of the Pension Fund
Read moreRecalculation of pensions for military personnel
Read moreTransition from seniority pension to old-age pension
Read morePension indexation for military pensioners
Read moreIssuance of old-age pension
Read morecall back
during the day
Why is the services of a good lawyer so important?
What are our key services in pensions law?