Financial assistance from ZUS in Poland: what to do if the payment is refused
Ukrainians who found refuge in Poland can count on financial assistance from the social insurance institution — ZUS. However, there are cases when the applicant receives a refusal to receive funds. Learn more about what to do in such a case and how to appeal the ZUS decision
The majority of Ukrainians in Poland can apply for financial assistance from ZUS - the social insurance institution. Sometimes the applicant is denied even though he has every legitimate reason to receive the payment. The decision of ZUS can be appealed by writing a corresponding complaint. We will tell you how to do it later.
Write an appeal
If you have received a negative decision on your application, do not lose hope. It is necessary to write an appeal in accordance with the requirements specified in the Civil Code of Poland. When the appeal is considered by the institution, it will be sent to the court, which will make a decision about your case.
Follow the appeal deadlines
ZUS has clearly defined the period during which you can appeal the decision, which is 30 days from the moment of receiving a response to your application. An appeal filed later will be rejected.
Specify the required information in the complaint
Most of your statement will be devoted to explaining why the denial of payment was erroneous. You should:
- To justify why, in your opinion, the ZUS decision is wrong;
- indicate mistakes and shortcomings committed by the institution during the case review (for example, ignoring the medical condition, conducting a medical examination by a doctor of another specialty, omitting important circumstances, etc.);
- provide evidence that supports your claims (medical records or witness statements).
Please note that in order to involve witnesses in the case, it is necessary to indicate this in the appeal and ask the court for permission to bring the witness to the hearing.
Application sample at the link.
Where to send an appeal?
In refusing to receive payments, ZUS indicates the competent court that can hear the case. This is usually the district court that decides disputes about benefits, compensation and disability.
You need to send a letter of complaint addressed to the court to ZUS, which made the decision. Your letter will then be forwarded to the appropriate authority.
The complaint must be submitted in writing in person at the ZUS registration office or sent by registered mail.
Importantly! Filing an appeal is free – no court fee is required.
We would like to add that you can find out all the information from ZUS in your account on the PUE platform. Learn how to create a personal account on the Polish platform by following the link.
Be prepared for any court decision
Your complaint, which you submit to the court through ZUS, will first be considered in ZUS itself. This is necessary so that the social insurance institution can correct errors within 30 days. If this does not happen, the appeal will be forwarded to the court together with the case materials.
The court will then set a date for the meeting. However, he can take additional steps before the hearing date to speed up the case, such as obtaining testimony from medical experts.
As a result, the court may issue one of the following decisions:
• Reject the appeal if it considers your complaint unfounded;
• agree to the appeal if he considers the decision of ZUS to be completely incorrect;
• partially approve the appeal, if the ZUS decision was partially incorrect;
• reject the ZUS decision and oblige the parties to consider the case anew (such a decision is possible if new circumstances arose during the case review).
Pay attention! The court's decision can also be challenged by filing an appeal within 14 days of receiving the answer.
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