Appealing against a ZUS decision – deadlines and procedure
If you disagree with a decision of the Polish Social Insurance Institution (ZUS), you can appeal to a court. The deadline and the way the appeal is filed are crucial.
Deadline: one month from service of the decision
Under the Polish Code of Civil Procedure, an appeal against a ZUS decision must be filed within one month from the day the decision was served. Note the date you received the decision and keep the envelope or the delivery confirmation.
Where to file
The appeal is heard by the regional court (labour and social insurance court), but it is filed through the ZUS branch that issued the decision: in writing (in person or by post) or orally for the record. In certain cases the rules also allow an appeal to be made for the record at a court.
What the appeal should contain
- your details and the number of the decision being appealed,
- what you disagree with, and why,
- what you request (e.g. that the benefit be granted),
- evidence supporting your position, e.g. medical records or certificates,
- your handwritten signature.
What happens next
ZUS has 30 days to forward the appeal and the case file to the court. If it considers the appeal fully justified, it may change or revoke the decision itself. Proceedings before the first-instance court are, as a rule, free of court fees for the appellant.
Opinions of ZUS medical examiners
Where the decision is based on an opinion of a ZUS medical examiner (e.g. in disability pension cases), the opinion itself can be challenged by an objection to the ZUS medical board within 14 days. Not filing an objection may limit the possibility of effectively challenging that opinion in a court appeal.
Missing the deadline
The court rejects an appeal filed late, unless the delay is not excessive and was caused by circumstances beyond the appellant’s control. It is therefore best not to wait until the last day.
Contact the law office
If you would like to discuss your matter, please contact the office by phone or via the contact form.