Social security agency liable for benefit denial due to legal error when facts were already established.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of an appeal regarding delayed social security benefits. The insured argued that the social security office incorrectly denied a pension because a workplace accident was not recognized as such, despite the court later ruling it was. The court held that the agency is liable for the denial if the necessary facts were already established and the refusal resulted from a legal interpretation error, regardless of subsequent court decisions.
Legislator headnote
AI generatedArt. 85 ust. 1 ustawy o systemie ubezpieczeń społecznych; Art. 118 ust. 1 i 1a ustawy o emeryturach i rentach z FUS: The social security agency bears liability for the denial of a benefit when the necessary factual circumstances justifying the right have been established before the agency, and the refusal is the result of an error in the interpretation or application of substantive law.