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Social benefits; filing an objection

You can lodge an appeal with the authorities against a decision on social benefits.

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Procedure details

The objection to an official decision and the subsequent notice of objection form the so-called preliminary proceedings prior to the possibility of bringing an action before the social court. If a decision on social benefits is not comprehensible or there is no agreement with a negative decision by the authority, an objection can be lodged. The purpose of the appeal procedure is for the authority to review its decision again, particularly from the point of view of legality and expediency.

An objection occurs when someone who feels affected by an administrative decision requests that the authority reconsider the decision it has made. The objection is only admissible if it is directed against an administrative act that has already been issued (Section 31 SGB X), including in the form of the rejection of a favorable administrative act. Furthermore, the objection is only admissible if the objecting party may be adversely affected by the administrative act; this may be the addressee of the administrative act, but also a third party.

The preliminary proceedings begin when the objection is filed. As a rule, no action can be brought without preliminary proceedings (exceptions to this can be found in § 78 Para. 1 Sentence 2 SGG). In cases of dispute, this applies to all social benefits, in particular to measures and benefits granted in accordance with the Social Code (SGB I - XIV) (e.g. citizen's allowance or social assistance).

The term "objection" is not important. The decisive factor is that it is expressed that there is no agreement with the official decision. The objection should be sufficiently justified. Only if the authority knows why there is no agreement with the contested decision can a comprehensive review be carried out. Further details on lodging an appeal and the requirements to be observed can be found in the information on legal remedies attached to the decision to be appealed.

If the authority considers the objection to be justified, it will be upheld. This means that the decision will be revoked or amended in favor of the applicant. If the appeal is not upheld, the authority will issue a written notice of appeal.

The objection procedure is free of charge. Withdrawal of the objection also has no cost consequences.

The objection must be lodged with the authority that issued the administrative act within one month of notification of the decision.

In the case of notification abroad, the deadline is three months.

The objection can be submitted in writing or for the record. A simple e-mail is not sufficient. Further details on the formal requirements can be found in the information on legal remedies.

The notice of objection contains detailed reasons for the decision and information on legal remedies. After receiving the notice of objection, the applicant must decide whether to take legal action.

Status: 22.01.2025
Editorial responsibility Bayerisches Staatsministerium für Familie, Arbeit und Soziales
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