Can I file a complaint about incorrect calculation of my pension and how ...?

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... do it?

23.05.2023 16:54 502

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Photo of lorina200215 Lorina Fedan

Yes, you can.

A complaint against the decision of the body that assigns pensions is submitted by a citizen in person or by a legal representative in accordance with the law or by a representative who acts on the basis of a notarized power of attorney issued to him.

Term for submitting a complaint: a complaint can be submitted to the higher-level body of the Pension Fund of Ukraine within one year from the moment of the decision, but no later than one month from the time the applicant was informed of the decision.

Required documents: the complaint must be in writing and signed and dated by the applicant.

The complaint is sent to the body of the Pension Fund of Ukraine by mail or delivered by the applicant personally.

The complaint must state:

  • surname, first name, patronymic, place of residence of the applicant;

  • name of the body of the Pension Fund of Ukraine, which made the decision;

  • the essence of the violated claim;

  • information on appealing the decision of the Pension Fund of Ukraine body in court (in case of appealing the decision).

A complaint filed without complying with these requirements, which does not provide an opportunity to consider the complaint on its merits, is returned to the applicant with relevant justifications no later than ten days after receiving such a complaint. If necessary, the applicant can submit other documents necessary for considering the complaint, which are returned to the applicant after its consideration.

Court procedure for appealing the decision of the pension awarding body: if a citizen believes that the pension awarding body made a decision that contradicts the legislation on pension provision or exceeds the limits of its competence established by law, the citizen has the right appeal such a decision by submitting an administrative claim to the court within 6 months from the day when the person learned or should have learned about the violation of his right.

The statement of claim states:

  • the name of the administrative court to which the claim is filed;

  • first name (last name, first name and patronymic of the parties and other participants in the case, their place of residence or stay;

  • ZIP Code;

  • registration number of the taxpayer's registration card, if available, or passport number and series for natural persons - citizens of Ukraine (if such information is known to the claimant), known numbers of means of communication, official e-mail address or e-mail address;

  • the content of the claims and a statement of the circumstances by which the claimant substantiates its claims, and in the case of filing a claim against several defendants - the content of the claims against each of the defendants;

  • a statement of the circumstances by which the plaintiff substantiates his claims;

  • indication of evidence confirming the specified circumstances;

  • information on taking measures for pre-trial settlement of the dispute - in the event that a mandatory pre-trial dispute settlement procedure is established by law;

  • information on taking measures to secure evidence or a claim before filing a claim, if such were carried out.

23.05.2023 19:45

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