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.
Registration of pension
Registration of a pension is an important stage in the life of every person. Not only the size of the future pension, but also the timeliness of its receipt depends on the correctness of the paperwork. However, the process of applying for a pension can often be complex and confusing, especially given the numerous legislative changes and requirements. In such cases, legal assistance in obtaining a pension can become an indispensable resource for future retirees.
Pension categories
There are several main categories of pensions in Ukraine:
- Labor old-age pension;
- Disability pension;
- Pension in connection with the loss of a breadwinner;
- Long service pension.
Each of these categories has its own specific requirements and registration rules, as well as the possibility of reviewing or appealing the decision of the Pension Fund.
Labor pension by age
The old-age labor pension is the most common type of pension. To receive it, you must reach retirement age (currently 60 years for men and women) and have the required insurance coverage. In this case, the size of the pension depends on wages and the length of the insurance period.
To increase your retirement pension, you can use the following options:
- Pension recalculation: under certain conditions (for example, if you continue working after retirement), you can apply for a pension recalculation taking into account additional length of service and salary.
- Submission of additional documents: if during the initial registration of the pension all documents confirming work experience or wages were not taken into account, you can submit additional documents.
Appeal against refusal to grant a pension
A refusal to grant an old-age pension can be appealed if the Pension Fund incorrectly took into account your work experience; the decision can be appealed by providing relevant evidence.
Disability pension
A disability pension is awarded to persons who have become disabled as a result of a general illness, work injury, defense of the Motherland, military service, the Chernobyl nuclear power plant accident, or an occupational disease.
Increase in disability pension:
- Revision of the disability group: if your health condition has worsened, you can contact the Medical and Social Expert Commission (MSEC) to review the disability group, which may lead to an increase in pension.
- Transfer to another type of pension: if there are necessary conditions for transferring to a pension under another law and it is greater than the amount of the pension received, you can contact the Pension Fund for the transfer.
Appealing a refusal to grant a disability pension
A refusal to grant a disability pension can be appealed in cases where the length of service was incorrectly calculated, as well as in the case of a labor pension.
Survivor’s pension
This type of pension is assigned to family members of the deceased breadwinner who were supported by him.
To increase your pension due to the loss of a survivor, you can:
- Viewing the number of dependents: if, after the initial assignment of the pension, new dependents appear (for example, a child is born), the pension amount can be revised.
- Submission of additional documents: as in other cases, additional documents may affect the amount of the pension.
Appealing a refusal to grant a survivor’s pension
A refusal to grant a pension due to the loss of a breadwinner can be appealed if:
- Incorrect calculation of the breadwinner’s length of service: if the Pension Fund incorrectly took into account the breadwinner’s length of service.
- Incorrect identification of dependents: if the PF has incorrectly identified persons entitled to receive a pension.
Long service pension
A pension for long service is assigned to employees of certain categories who have a special length of service, regardless of age. These categories include workers in education, healthcare, culture, sports, journalists, as well as workers engaged in underground and especially heavy work.
To increase your long-service pension, you can use the following options:
- Extension of special work experience: if an employee continues to work in his specialty after retirement, this may lead to an increase in the amount of the pension due to additional special work experience.
- Submission of additional documents: if during the initial registration of the pension all documents confirming special experience or salary were not taken into account, you can submit additional documents.
A refusal to grant a long-service pension may be appealed in the following cases:
- Incorrect calculation of special experience: if the Pension Fund incorrectly took into account special experience, the decision can be challenged by providing appropriate evidence.
- Incorrect determination of the right to a pension: sometimes there are cases when the Pension Fund incorrectly determines the right to a long-service pension, for example, by not recognizing certain periods of work included in the special length of service.
Military pension for long service
A long-service military pension is awarded to military personnel who have reached a certain length of military service. This category of pension has its own characteristics and requirements.
To increase your military pension for long service, you can:
- Recalculation of pension: If a military personnel continues to serve after retirement, this may lead to recalculation of the pension to take into account additional service.
- Submitting additional documents: If you have additional documents, such as certificates of financial security, they can be submitted to review the amount of your pension.
Appealing a refusal
A refusal to grant a military pension for long service may be appealed in the following cases:
- Incorrect crediting of military service experience: if the Pension Fund incorrectly took into account the length of service, the decision can be appealed by providing relevant evidence.
- Failure to take into account certificates: if certificates affecting the size of the pension were not taken into account.
Legal assistance in obtaining a pension
Legal assistance when applying for a pension may include:
- Consultations: on the correctness of filling out documents, collecting the necessary certificates and other issues.
- Representation of interests: in case of appealing decisions of the Pension Fund or during legal proceedings.
- Pension recalculation: assistance in preparing an application for pension recalculation.
Registration of a pension is a complex process that requires a careful approach and knowledge of the law. Legal assistance can significantly facilitate this process, ensuring the correctness of paperwork, protecting the interests of future pensioners and the possibility of appealing unlawful decisions. Contacting a qualified lawyer will help you receive your well-deserved pension on time and in full.
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1 question
Do you have questions about the civil pension?
2 question
Do you have questions about military or law enforcement pensions?
3 question
Do you have a question about a government employee's pension?
4 question
Do you have a question about the pension of a Chernobyl accident victim?
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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