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⚖️ Rejection: objection, lawsuit, expert opinion under § 109 SGG

If the pension is rejected, fixed deadlines apply. This page shows the route to the social court and the option of your own expert opinion.

rejection objection lawsuit social court deadline for lawsuit § 109 SGG expert opinion

In brief

If you do not want to accept the pension notice, you have one month to file an objection (Widerspruch). This is a letter to the pension insurance.

If the pension insurance stands by its decision, you receive a notice of objection decision (Widerspruchsbescheid). After that you again have one month to file a lawsuit at the Sozialgericht (social court).

Before the social court you can apply for a doctor of your choice to prepare an expert opinion. This option can cost you money.

Step by step

  1. Note the deadlineEnter the end of the one-month deadline and file your objection within the deadline.
  2. Give reasons for the objectionSubmit new findings and doctors' letters later.
  3. Check the objection decisionRead the notice and the instruction on legal remedies (Rechtsbehelfsbelehrung) carefully.
  4. Consider a lawsuitGet advice before filing a lawsuit, for example from VdK, SoVD or a pension adviser.

Deadlines

1 month
Objection after notification of the notice§ 84 Abs. 1 SGG
1 month
Lawsuit after notification of the objection decision§ 87 SGG
3 months
Deadlines if notified abroad§§ 84, 87 SGG
Watch out – common mistakes
  • A new pension application does not replace an objection. Deadlines keep running.
  • An expert opinion under § 109 SGG can require an advance payment of costs. The court decides whether it bears the costs.
  • The court can reject the application if it delays the proceedings and was filed too late.
  • If in doubt: get advice before a deadline expires.
In depth · legal basis, figures and practice – for advisers and professionals

Objection

Under § 84 Abs. 1 SGG, the objection must be filed within one month of notification of the administrative act (three months if notified abroad). It can be filed in writing, electronically or recorded in minutes at the authority that issued the notice. The deadline is also met if the objection is received by another domestic authority, an insurance provider or a consular authority.

Lawsuit

§ 87 SGG: The lawsuit must be filed within one month of notification of the administrative act. If a preliminary procedure took place, the deadline starts with notification of the objection decision. If notified abroad, three months.

Expert opinion on application under § 109 SGG

At the request of the insured person, a specific doctor must be heard as an expert. The court can require the applicant to advance the costs and to bear them provisionally or finally. The application can be rejected if it would delay the proceedings and was filed too late through gross negligence or with intent to delay.

Not checked

Exemption from costs of the procedure, legal aid (Prozesskostenhilfe), action for failure to act (Untätigkeitsklage) and application for review (§ 44 SGB X) were not checked against the full text here. Further explanations on the objection: group Berufsunfähigkeit.

Who is responsible
  • Deutsche Rentenversicherung (objection office)
  • Sozialgericht (social court)
  • VdK, SoVD, pension advice service
Further reading
Application, medical report, assessment and pension noticeTemporary pension, extension and permanent status

Quick questions

Worum geht es bei „Rejection: objection, lawsuit, expert opinion under § 109 SGG“?
If the pension is rejected, fixed deadlines apply. This page shows the route to the social court and the option of your own expert opinion.
Which deadlines and figures matter?
  • 1 month: Objection after notification of the notice (§ 84 Abs. 1 SGG)
  • 1 month: Lawsuit after notification of the objection decision (§ 87 SGG)
  • 3 months: Deadlines if notified abroad (§§ 84, 87 SGG)
What should I do first?
  • Note the deadline: Enter the end of the one-month deadline and file your objection within the deadline.
  • Give reasons for the objection: Submit new findings and doctors' letters later.
  • Check the objection decision: Read the notice and the instruction on legal remedies (Rechtsbehelfsbelehrung) carefully.
What do I need to watch out for?
  • A new pension application does not replace an objection. Deadlines keep running.
  • An expert opinion under § 109 SGG can require an advance payment of costs. The court decides whether it bears the costs.
  • The court can reject the application if it delays the proceedings and was filed too late.
Evidence
  • § 84 SGG, gesetze-im-internet.de, retrieved 21 September 2026
  • § 87 SGG, gesetze-im-internet.de, retrieved 21 September 2026
  • § 109 SGG, gesetze-im-internet.de, retrieved 21 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.