Social benefits; filing an appeal

You can appeal against a decision on social benefits to the authority.

Description

An objection to an official decision and the subsequent notice of objection constitute the so-called preliminary proceedings before an action can be brought before the Social Court. If a decision on social benefits is not comprehensible or there is no agreement with a negative decision by the authority, an objection can be filed. The purpose of the appeal procedure is for the authority to review its decision once again, in particular from the point of view of legality and expediency.

Prerequisites

An objection exists if someone who feels affected by an administrative decision demands that the authority reconsider the decision it has made. The objection is only admissible if it is directed against an administrative act that has already been issued (Section 31 SGB X), including in the form of a rejection of a favorable administrative act. Furthermore, the objection is only admissible if the objector can be adversely affected by the administrative act; this can be the addressee of the administrative act, but also a third party.

Procedure

The preliminary proceedings begin with the filing of the opposition. As a rule, no action can be brought without preliminary proceedings (exceptions to this are found in Section 78 (1) sentence 2 SGG). In cases of dispute, this applies to all social benefits, in particular to measures and benefits granted under the Social Codes (SGB I - XII) (e.g. unemployment benefit II or social assistance).

The term "objection" is irrelevant. What is decisive is that it is expressed that there is no agreement with the official decision. The objection should be sufficiently substantiated. Only if the authority knows why there is no agreement with the challenged decision can a comprehensive review be carried out. Further details on filing an objection and the requirements to be observed can be found in the information on legal remedies attached to the decision to be contested.

If the authority considers the objection to be well-founded, it will be upheld. This means that the decision is cancelled or amended in favor of the applicant. If the appeal is not upheld, the authority shall issue a written notice of appeal.

Special notes

The objection must be submitted in writing, in electronic form or on record. A simple e-mail is not sufficient.

Deadlines

The objection must be lodged with the office that issued the administrative act within one month of notification of the decision.

In the case of notification abroad, the time limit is three months.

Fees

  • The opposition procedure is free of charge. Withdrawal of the opposition also has no cost consequences.

Remedy

The notice of appeal contains detailed reasons for the decision and instructions on how to appeal. After receiving the notice of appeal, the applicant must decide whether to file a lawsuit.

Links to more information

Status: 14.01.2023

Responsible for editing: Bayerisches Staatsministerium für Familie, Arbeit und Soziales

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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