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The objection is the method of choice if, for example, the job center has rejected an additional requirement or errors have occurred in the current citizen benefit notice when calculating the benefits. But what if the job center rejects the objection? This little guide should help.
Always raise an objection first
The objection is the first possibility to take action against an incorrect decision. The prerequisite is that the notification is an administrative act.
For this purpose, the notice must contain a regulation or decision that has a direct effect on the recipient of the citizen’s allowance. This is the case for the following types of notification
- approval notice
- provisional permit
- Cancellation and Refund Notice
- Incorporation Agreement
- rejection notice
- notice of change
Engage a lawyer in the event of a lawsuit
If the job center rejects the objection, but the reasons do not seem plausible, going to a lawyer is the best choice.
The next step is to go to the social court. The involvement of a lawyer is not absolutely necessary, but in most cases it makes sense if you have little knowledge of the Social Security Code and current case law.
How much does a complaint to the social court cost?
Many fear going to a lawyer because it could result in costs. However, those who receive citizen benefit or social assistance benefits do not have to fear this at first, since plaintiffs with a low income are entitled to advice and legal aid.
There are no court fees to be paid for complaints before the Social Court. However, if you want to be represented by a lawyer, it costs money and almost always has to be paid for in advance.
Anyone who cannot raise the money, or only in part or in installments, can apply for legal aid from the competent court (Section 73a of the Social Court Act – SGG – in conjunction with Sections 114 et seq. of the Code of Civil Procedure).
Tipp: Don’t be afraid of bureaucratic hurdles! The lawyer makes the application for legal aid on behalf of his client! In addition, judicial officers at the district court will help you to fill out the application if the lawyer does not do this.
These deadlines must be met
Anyone who files an objection has already taken part in a preliminary procedure. Filing the objection in good time is important in order to be able to bring an action before the social court. The period of 4 weeks after receipt of the decision must be observed. You can find out more about objections here.
If the objection is rejected, the responsible clerk decides. If a complaint is filed, the next higher instance, the social court, decides. For the lawsuit, the court will request all available documents, and an expert opinion may also be required.
The social court provides information in advance about all steps. It is often necessary to answer further questions and appear in court yourself. In most cases, the plaintiff will be informed in writing of the judge’s decision.
These specifications are important for an action before a social court
In order for the social court to be able to examine the complaint, the preliminary proceedings must be completed in accordance with the legal requirements.
These conditions must be met:
- A correct application has been submitted
- The job center rejected the application
- The objection was filed within the specified period
- The job center rejected the objection
If you receive a negative decision, you should not rush into anything. However, the lawsuit must be filed within one month of the rejection of the objection.
Tipp:
If the notice of objection was sent by the job center without information on legal remedies, the deadline is extended. The lawsuit must then be filed within one year.
First of all, it is advisable to consult a lawyer specializing in social law. At the very least, an advice center for the unemployed should be consulted! The case should then be discussed with the lawyer or the counselor. Is the rejection notice conclusive? Are there judgments in similar cases? What are the guidelines of the Federal Employment Agency?
Danger: If the court comes to the conclusion that the lawsuit was filed with no chance of success, the social court can still charge a fee. This is to prevent the courts from being overwhelmed with pointless lawsuits.
Complaints before the social court without a lawyer
If you want to sue without a lawyer, you have to consider the following:
Oral Complaint
If the complaint is not or cannot be made in writing, it can also be made orally. To do this, you must contact the legal application office of the responsible social court.
A clerk at the office will record the filing of the complaint and put the complaint in the required written form. It is important that you bring the notification, the objection and the rejection notification with you.
complaints in writing
Anyone who chooses the written form must observe the following when drafting the lawsuit:
- Personal name and address
- Recipient, i.e. the responsible social court with address
- the name of the defendant (name of your job center)
- the date of the lawsuit
- File number and date of the original decision, as well as a copy of the decision
- File number and date of the notice of objection, as well as a copy of the notice of objection
- Concrete declaration that the action will be taken against the objection decision
- Justification for appealing against the notice of objection
- Explanation of what the lawsuit seeks to achieve
- Handwritten signature
The complaint should be sent by registered mail. In this way, it can be proven that the complaint was sent on time. Letters can also get lost in court.
