Legislator Case Law & Legislation
II UKN 386/98 AI generated

Supreme Court grants disability pension when rehabilitation benefit denial reveals initial pension denial error.

Case Number II UKN 386/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland granted the appellant's cassation appeal, overturning a lower court decision that had awarded a disability pension. The appellant initially requested a disability pension but received only a temporary rehabilitation benefit before the agency denied its extension due to regained work capacity. The court determined that the initial denial of the pension was an administrative error because the entire procedure stemmed from the original pension request. Consequently, the court ordered the agency to grant the disability pension retroactively without requiring a new application.

Legislator headnote

AI generated

Art. 101 ust. 1 pkt 2 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 89 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; If a disability pension application initiates proceedings and a subsequent denial of a related rehabilitation benefit reveals the initial pension denial was erroneous, the agency must grant the pension ex officio.

Keywords

AI generated
disability pension rehabilitation benefit administrative error ex officio obligation retroactive grant social security law cassation appeal

Cited Legislation

AI generated
Art. 101 ust. 1 pkt 2 of the Act on Pension Provision for Employees and Their Families
Art. 89 of the Act on Pension Provision for Employees and Their Families
§ 4 of the Government Ordinance on Pension and Benefit Procedures

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text