Do you have long-term health problems, have suffered a serious injury but have not been awarded a first degree disability pension? Or have you had your disability reduced contrary to the opinion of your district doctor? How can you defend yourself and what do you have to take into account as a disability pension claimant?
In the case of a decision on an invalidity pension, you cannot defend yourself against the medical opinion itself, but only against the decision of the CSSA. You can first file an objection within 30 days of receiving the decision. If you are unsuccessful, you can file an administrative action with the regional court within 60 days. It is important to attach up-to-date medical reports, describe exactly how the assessment of your health or ability to work is wrong, and do not miss the deadlines. There is no court fee for these cases.
If you are concerned about this issue, we can help you prepare an objection to a decision of the Social Security Administration or an administrative action for disability pension and check whether the Social Security Administration has correctly assessed your health and whether you meet the statutory conditions.
Obtaining a disability pension is certainly not a matter of course or a formality. Many claimants believe that if their medical condition prevents them from working, the award of a disability pension will be automatic. However, the reality is often different. The IPZS assessment body evaluates not only the medical documentation but, in particular, the degree of decline in working capacity according to strict rules. This means that even if a district doctor or specialist confirms that you have a serious medical condition, this does not necessarily mean that you qualify for a disability award.
Equally, you may be downgraded even though your health has not, in your opinion, improved – quite the contrary. It is at these times that it is important to know what your rights are and how you can defend yourself against such a decision. It’s not just about fighting the bureaucracy, but often about existential security, as disability pensions are a key source of income for many people. Although the road to getting your disability recognised may seem complicated, you are not alone.
Or was your retirement pension benefit calculated differently than you expected? We can help you find out how the Social Security Administration assessed your situation and check whether there was an error.
If you have been awarded an invalidity pension, you should expect your condition to be reviewed at regular intervals (the length of which is very individually determined) by an IPZS assessor. You must attend the review. Failure to do so could result in your invalidity pension being stopped.
You can also have an examination on your own request if you think you are entitled to a higher level of pension because of your impaired health.
The IPZS assessment body makes its decision on the basis of objective medical findings and also using the Invalidity Assessment Decree No 359/2009, which also describes the different diagnoses, their variants and the estimated degree of decline in working capacity in the annexes.
Find out what to do if you disagree with your care allowance.
If, when you first applied or when your condition was reviewed, the assessing doctor assessed your health condition with a verdict that you disagree with (i.e. he did not grant you a pension, decided to reduce its level, or did not decide to increase it), you can appeal against the decision of the CSSA on disability pension against the medical opinion or object to it.
However, it is necessary to wait until the Czech Social Security Administration’s decision on the pension is received and not to appeal (object) against the medical opinion on disability. This is not a decision, only the basis for it.
Make sure you have the legal deadline for filing objections, which is essential for a possible court action later. If you do not file an objection at all, or do not file it within the time limit, you are barred from taking legal action.
Objections must be submitted in writing to the Czech Social Security Administration. In your appeal against the medical report, you must state which decision it relates to (whether it was a decision not to grant, reduce or withdraw your invalidity pension), who issued it and what its reference number is. It is important to state why you disagree with it and to provide all the relevant facts, including, for example, medical reports and reports from other doctors. Based on the objections received, the medical condition will then be assessed by the CSSA doctors who are responsible for the objection procedure. This is a different doctor from the one who issued the original decision.
If you are unsure how to word your objections or which medical reports to attach, it is worth having the procedure checked by a solicitor beforehand. In disability pension disputes, it is often not just the diagnosis itself that is crucial, but how accurately the impact of the condition on your ability to work is described. We can help you review the CSRS decision, prepare objections and an administrative claim, and set up your next course of action so that you do not miss important deadlines.
The time limit for an objection decision is 60 days, but may be extended by 30 days to request necessary documents from another administrative agency. There is also a time limit for the preparation of a new assessment, which is a maximum of 60 days. The total time limit for issuing a decision on objections can therefore be 120 days, or even 150 days in more complex cases.
If your application is rejected on the grounds that you have not completed the required period of insurance, appealing against the medical report is practically useless. If your medical condition allows it, you can supplement the period of insurance you need to complete with employment that gives rise to social insurance. In some cases, the solution may be to participate in a voluntary pension scheme and reapply for a disability pension in the future once the conditions have been met.
If your objections to the CSSA’s decision on your disability pension are not upheld, you have the further option of bringing an administrative action in the matter before the Regional Court. The administrative action must be filed within 60 days of service of the decision against which it is brought. It is advisable to state in the action why the medical condition, etc., was not properly taken into account and to use a lawyer to draft the action.
The application should be submitted in duplicate and should be accompanied by medical reports. The court may request further medical documentation. The assessment of the medical condition is then carried out by the assessment committee of the Ministry of Labour and Social Affairs. No court fees are payable, even if the action is unsuccessful.
Our client filed an appeal against the decision not to grant her disability pension, but was repeatedly unsuccessful. Finally, with our assistance, she filed an administrative claim in which she re-described her medical condition, outlined how it limited her in her occupation (store manager), and documented the medical reports of her neurologist and orthopedist. Eventually, she was awarded a first degree disability pension. It is possible to continue working when this is granted. Mrs Hana was thus able to reduce her working hours without fear of losing her overall income and agreed with her employer to adjust her working conditions so that she could continue to do her job.
You can also read our article on how to defend yourself against a decision in an administrative procedure.
It is possible to defend against a disability pension decision, but only if the correct procedure is followed. The basic rule is simple: you do not challenge the assessment itself, but only the decision of the CSSA. The next step is to file a written objection, which must be timely, specifically reasoned and supported by medical documentation. If you fail even there, you can proceed with an administrative action to the regional court, where the health condition is assessed by the assessment commission of the Ministry of Labour and Social Affairs and no court fee is payable. At the same time, it is a good idea to distinguish whether the dispute is really about a medical condition or, for example, about an unfulfilled period of insurance, as a different strategy is often needed in such a case. This is where expert legal advice is most valuable: it helps to distinguish when it makes sense to fight for a disability assessment and when another condition of the claim needs to be resolved first.
No. A medical report alone is not a decision. You can only defend yourself against the decision of the CSSA.
Objections must be lodged within 30 days of receipt of the decision.
In writing to the Czech Social Security Administration.
Especially medical reports, opinions and other documents that show why you disagree with the decision.
Usually 60 days, but in practice the procedure can take around 120 days, or up to 150 days in more complex cases.
You can file an administrative action with the regional court within 60 days of receiving the decision.
No. There are no court fees in these cases, even if the action is not successful.
Did you apply for a disability pension and get a denial instead of the expected award? Or was your retirement pension calculated differently than you expected? We can help you find out how the Social Security Administration assessed your situation and check whether there was an error.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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