⚖️ Objecting to a pension notice
In brief
If you think your pension notice (Bescheid) is wrong – for example because insurance periods are missing or the pension amount is incorrect – you can file an objection (Widerspruch) in writing within one month of delivery. It costs nothing. Even if this deadline has already passed, an unlawful notice can, under certain conditions, still be corrected retroactively for up to four years by means of a review request (Überprüfungsantrag).
Step by step
- Check the notice and the insurance historyCompare the insurance history in the notice with your own documents (employment contracts, training periods, child-raising periods).
- File the objection on timeFile the objection in writing or for the record with the Deutsche Rentenversicherung; a short statement of reasons is enough at first and can be submitted later.
- Submit missing proofSubmit evidence for missing periods (e.g. certificates, registration confirmations, birth certificates for child-raising periods).
- Wait for the objection decision or sueIf the pension insurance does not grant the objection, you will receive an objection decision (Widerspruchsbescheid); you can sue against it free of charge before the social court.
- For older errors, submit a review requestIf the objection deadline has passed, then for an unlawful notice that does not grant a benefit, a review request under § 44 SGB X can take effect retroactively for up to four years.
Deadlines
- If you miss the one-month objection deadline, the notice becomes final and binding; correction is then possible only via the more narrowly framed review request under § 44 SGB X.
- Incorrect insurance histories often arise from missing or late reports by former employers – collect evidence if possible before you apply for the pension.
- Proceedings before the social courts are in principle free of court costs for insured persons as claimants – do not let costs deter you from a justified lawsuit.
In depth · legal basis, figures and practice – for advisers and professionals
Objection procedure
Under § 84 SGG the objection deadline is one month from notification of the pension notice, or three months if delivered abroad. The objection is valid without formalities if it is received within the deadline by a domestic authority, which forwards it to the responsible office.
Review request under § 44 SGB X
If it later turns out that a final and binding notice was unlawful and social benefits were therefore wrongly not provided or provided at too low a level, the authority is obliged to withdraw it. Retroactive provision of the benefit is limited to a period of up to four years before the withdrawal (§ 44 Abs. 4 SGB X).
Account clarification under § 149 SGB VI
The insurance account should if possible be clarified years before the start of the pension (§ 149 Abs. 4 SGB VI), so that gaps in the insurance history are noticed early and can still be documented, rather than only in an objection to the finished pension notice.
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.