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Do I have to write an objection to the social welfare office myself because of incorrect interest calculation?

Dear Sir or Madam, in 2011, as the general representative of my adult disabled daughter, I applied for basic security in old age and in case of reduced earning capacity. The application was rejected. A specialist lawyer for social law took over the mandate, filed an objection and later a lawsuit, and in 2017, the main hearing finally ruled in our favor. A retroactive payment regarding basic security including housing costs from 2011 to 2017 was made to my daughter. The specialist lawyer requested the social welfare office to pay interest on the retroactive payment through a new legal aid certificate. The social welfare office has now issued a decision in which only interest for 2017 is to be paid. The specialist lawyer wrote to me that he will not draft the objection to this, as he now considers the mandate as completed. However, he has received the legal aid certificate and thus only requested the social welfare office to pay the interest. Can he simply resign the mandate and leave us to deal with the objection alone or do we have a right to an objection letter, since he accepted the legal aid certificate? I would greatly appreciate a prompt response. Sincerely, Questioner.

Bernhard Müller

Dear inquirer,

The mandate was to assert an interest claim. This was done by requesting the social welfare office to pay interest. The social welfare office issued an administrative act. This means that the mandate is indeed terminated. To appeal against this decision would be a new mandate.
The colleague can decide whether to accept this new mandate. It is lawful that he has declined this new mandate.

Kind regards,

Bernhard Müller Lawyer

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Experte für Social law

Bernhard Müller

Bernhard Müller

Berlin

Bernhard Müller ist seit April 2004 als Einzelanwalt tätig. Wer Streit mit seinem Vermieter hat, etwas erbt, vererben will, sich scheiden lassen will, wer Ärger mit der Polizei oder sonst ein rechtliches Problem hat, findet bei Rechtsanwalt Bernhard Müller kompetente Beratung. Im Jahr 2009 hat er 2 mal hintereinander den Jusline Kommentierwettbewerb gewonnen.

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