⚖️ Objection against the rejection notice for the reduced earning capacity pension
In brief
The most common reason for the rejection of a reduced earning capacity pension is a socio-medical opinion that certifies a still sufficient residual capacity to work on the general labour market. You can lodge a written objection against the rejection notice within one month of service – this costs nothing. If the pension insurance does not uphold the objection, you can then sue free of charge before the social court (Sozialgericht).
Step by step
- Request the notice and the opinionRequest the underlying socio-medical opinion by exercising your right to inspect your file, so that you can understand the rejection.
- Lodge the objection on timeOne month after service – a short statement of reasons is enough at first and can be submitted later.
- Submit your own specialist medical documentsA well-founded counter-opinion or current specialist medical findings are usually more effective than simply repeating the application.
- Sue if the objection is rejectedFor insured people, a lawsuit before the social court is in principle free of court costs; the court, if necessary, clarifies disputed medical questions through its own expert opinion.
Deadlines
- Against a socio-medical opinion, usually only a well-founded counter-opinion or current specialist medical findings help – not simply repeating your earlier statements.
- Social court proceedings can drag on for months to years; consider early on how to bridge the gap financially (e.g. basic income support, see separate topic page).
- Objection and lawsuit are in principle free of court costs for insured people as claimants (§ 183 SGG) – do not let costs put you off.
In depth · legal basis, figures and practice – for advisers and professionals
The opinion as the core of the procedure
The rejection is as a rule based on a socio-medical opinion commissioned by the pension insurance. In the objection and court proceedings, what matters most is to refute this opinion on professional grounds.
Burden of proof and expert evidence
In social court proceedings the principle of investigation by the court of its own motion applies; under § 103 SGG the court can obtain its own expert opinions of its own motion or on application, including, under § 109 SGG, on the application of the claimant against assumption of the costs.
Exemption from costs
Under § 183 SGG, proceedings before the social courts are in principle free of court costs for insured people, benefit recipients and certain other groups of people, as claimants or defendants.
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