Appeal Against a ZUS Decision – Discover How to Effectively Appeal a ZUS Decision

Have you received a negative decision from the Social Insurance Institution (ZUS)? You have the right to file an appeal against a ZUS decision and refer the case to the labour and social insurance court. In this guide, we explain how to prepare an effective appeal. You will learn which documents to collect and what the timeframe is for action. We also discuss how the further proceedings unfold – from an objection to an appeal.

Scope of ZUS Decisions and Control – When Is an Appeal Against a ZUS Decision Available?

The Social Insurance Institution (ZUS) issues decisions concerning, e.g. social insurance, the basis for calculation of contributions, allowances, pensions, old-age pensions and rehabilitation allowances. From each of these decisions, you may file an appeal against a decision of ZUS to the court. Proceedings are governed by Art. 83 of the Social Insurance System Act and the Code of Civil Procedure.

An appeal against a ZUS decision is not available in the following cases:

• a decision granting or refusing an allowance as an exception,
• a decision concerning the remission of contributions or the deletion of a tax lien.

In those situations, instead of an appeal, you submit an application to the chairman of ZUS for reconsideration of the case. The process follows the provisions of the Code of Administrative Procedure.

Documents for the Appeal Against a ZUS Decision – What to Prepare?

For the appeal to be effective, you must prepare relevant documentation. It should indicate errors in the original decision. It is crucial to present a clear and fact-based justification, supported by evidence.

Key documents:

• a copy of the ZUS decision, including the advisory note,
• a copy of the appeal against the ZUS decision (the procedural pleading),
• evidence supporting your arguments – for example, medical documentation, contracts, payroll records, invoices, time records,
• a power of attorney – if a lawyer or legal adviser is acting on your behalf.

The appeal against a ZUS decision should include:

• the designation of the court to which it is addressed,
• personal data of the appellant or his representative,
• the designation of the contested decision,
• the charges and requests (e.g., to repeal or amend the decision),
• a concise justification indicating errors on the part of the Social Insurance Institution,
• signature and list of attachments.

Additionally, it is useful to:

• indicate evidentiary motions (e.g., expert opinion, witness examination),
• attach all documents supporting your position,
• keep a copy of the appeal with proof of submission to ZUS.

Initiation and Procedure – Where, How and When to Lodge the Appeal Against a ZUS Decision?

The appeal is submitted via the ZUS office, which issued the decision, but is addressed to the labour and social insurance court. It may be:

• submitted in person at a ZUS branch,
• sent by registered mail (ideally with return receipt),
• submitted orally for the record at ZUS or at the court.

The most important rules:

• Deadline: 1 month from the delivery of the decision.
• ZUS inactivity. If the institution fails to issue a decision within 2 months of the application, you may submit an appeal.
• Meeting the deadline: the date of the postal stamp or the date of receipt at ZUS counts.

After appealing:

• ZUS may, within 30 days, amend or rescind its decision,
• if it does not uphold the appeal, it forwards the case files to the court

Competence of Courts in Cases Concerning an Appeal Against a ZUS Decision

Most cases are handled by regional courts, though certain cases are heard by district courts. Jurisdiction depends on the type of decision.

The locally competent court is the one for the place of residence of the appellant.

Duration and course of court proceedings

Court proceedings after an appeal against the decision of the ZUS may take several months, or even longer. The court examines the case from the beginning, regardless of the findings of the Social Insurance Institution.

Stages of the procedure:

1. Analysis of files and exchange of pleadings.
2. Appointment of a hearing.
3. Presenting evidence (witnesses, documents, expert opinions).
4. Issuance of the judgment:
   • dismissal of the appeal,
   • change of decision in whole or in part,
   • annulment of the decision and remittal of the case to ZUS for reconsideration.

Costs:

• the proceedings are free of court fees,
• a fee of 30 PLN applies only to appeals, complaints or cassation complaints.

Reinstatement of deadline: possible if the delay was slight and resulted from circumstances beyond the party’s control (e.g., illness).

Record And Objection – Especially in the Case of Medical Decisions by ZUS

In cases of a medical nature, it is necessary to first file an objection against the medical examiner’s decision of ZUS to the medical commission. These concerns, e.g. pension or incapacity for work.

Remember:

• the lack of objection means that the appeal is rejected by the court;
• specific errors should be indicated in the objection (e.g. misdiagnosis, omitted documentation),
• It is worth attaching full medical documentation and additional opinions of specialists.

Appeal and Cassation Complaint – What Next After the Appeal Against a ZUS Decision?

If the judgment of the court of first instance is unfavourable, you can bring an appeal. The next available step is a cassation complaint.

Appeal Against a ZUS Decision – Summary

An effective appeal against a ZUS decision demands diligence and knowledge of the regulations. A professionally prepared appeal increases the likelihood of a positive outcome.

If you are challenging a decision of the Social Insurance Institution (ZUS), remember to:

• observe the 1-month deadline from service of the decision,
• precisely specify the charges and support them with evidence,
• attach full documentation substantiating your position,
• keep confirmation of submission of the appeal,
• lodge an objection with the ZUS medical commission in cases concerning health status.

Contact us!

Do you need help in preparing an appeal against a ZUS decision? Contact our law firm! We will prepare an application, take care of the deadlines and handle your case comprehensively.

FAQ – 5 Most Common Questions About an Appeal Against a ZUS Decision