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Emergency

Lawsuit at the social court after an unsuccessful objection

If an objection against a social benefit notice is rejected by an objection decision, that is not yet the final word. Against the objection decision, you can file a lawsuit at the social court. The procedure is usually free of charge for citizens.

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Your chances of getting your money back

Against the objection decision, a lawsuit can be filed at the social court within one month (§ 87 SGG). The social court procedure is usually free of court costs for insured persons and benefit recipients.
There is no obligation to have a lawyer; you can file the lawsuit yourself. With a low income, legal aid and advice assistance may be considered to finance legal support.

What you should do now

  1. 1

    1. Check the objection decision

    Read the justification and the instruction on legal remedies carefully.

  2. 2

    2. Note the deadline

    Observe the one-month lawsuit deadline from service of the objection decision.

  3. 3

    3. File the lawsuit

    File the lawsuit at the responsible social court, in writing or on the record.

  4. 4

    4. Check for support

    If needed, apply for legal aid and get advice.

How to spot the scam

  • The one-month lawsuit deadline passes.
  • The lawsuit is directed against the original notice instead of the objection decision.
  • Important evidence is not submitted.

Frequently asked questions

How do I file a lawsuit at the social court?

In writing at the responsible social court or on the record at its registry, within one month of service of the objection decision (§ 87 SGG). You must justify the lawsuit and identify the contested notice. A lawyer is not required.

Does the procedure cost anything?

For insured persons, benefit recipients, and disabled persons, the social court procedure is usually free of court costs. Your own lawyer's costs can arise; with a low income, advice assistance and legal aid help to cover these.

Do I need a lawyer?

There is no obligation to have a lawyer before the social court; you can conduct the lawsuit yourself. In complex cases, legal or association support can make sense. Social associations and counseling centers often support their members in social court proceedings.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.