Are there ways to challenge a low disability pension due to reduced earning capacity?
January 10, 2022 | 65,00 EUR | answered by Lucas Schmidt
Dear Social Security Lawyer,
My name is Wanda Kessler and I receive a disability pension. However, in recent months I have noticed that my pension is significantly lower than expected and also compared to other recipients of disability pensions. I am concerned that I may be missing out on benefits or that there may be an error in the calculation of my pension.
My situation is as follows: Due to a long-term illness, I am dependent on a disability pension. I have submitted all the necessary documents and medical certificates to prove my entitlement to a pension. However, the amount of my pension seems disproportionately low and not sufficient to adequately support my livelihood.
My concerns are that I may not have claimed all my entitlements or that errors may have occurred in the calculation of my pension. I would therefore like to know if there are legal options to challenge a low disability pension and potentially request a recalculation of my entitlements.
Could you please provide me with information on how to proceed to review my pension and, if necessary, apply for a recalculation? Are there specific deadlines or procedures that I need to follow to enforce my entitlements? I would be grateful for any advice or support you can provide me in this matter.
Thank you in advance for your help.
Sincerely,
Wanda Kessler
Dear Mrs. Kessler,
Thank you for your inquiry regarding your disability pension. I can understand how frustrating it must be for you if your pension is lower than expected and compared to other recipients of disability pensions. It is important for you to have your claims reviewed to ensure that you receive the benefits you are entitled to.
In your case, it is advisable to first gather all documents and papers related to your disability pension. This includes medical certificates, assessments, decisions from the pension insurance, and any other relevant documents. It is important for you to have an overview of your claims and the calculation of your pension to identify any possible errors or inconsistencies.
As a next step, I recommend that you consult with a specialized attorney in social security law. An experienced attorney can review your documents, check the calculation of your pension, and help you assert your claims. The attorney can also take legal steps to request a recalculation of your pension if errors or irregularities are found.
There are no specific deadlines that you need to adhere to in challenging your claims or requesting a recalculation. However, it is advisable to act promptly and not wait too long, as claims can often be made retroactively. The sooner you act, the sooner potential errors can be rectified and your claims can be enforced.
I strongly recommend that you promptly contact an attorney specializing in social security law to discuss your situation and receive individual advice. The attorney can help you assert your claims and request a recalculation of your pension.
I hope that this information is helpful to you. Please do not hesitate to contact me if you have any further questions or need assistance.
Sincerely,
Lucas Schmidt
Attorney specializing in social security law
