Legislator Case Law & Legislation
II UKN 622/98 AI generated

Supreme Court dismisses new disability claim after administrative decision, remanding case to social insurance office.

Case Number II UKN 622/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed lower court rulings and remanded the case to the Social Insurance Office for fresh consideration. The applicant sought a war disability pension based on birth defects caused by his mother's execution, but the administrative body had previously denied the claim solely due to a missing combatant status certificate. The court held that since the administrative decision did not address the disability itself, the court could not adjudicate this new issue and was legally bound to return the matter to the administrative organ.

Legislator headnote

AI generated

Art. 47710 § 2 KPC; Art. 316 § 1 KPC: If a new claim is filed after an administrative decision in social insurance matters, the court cannot adjudicate it and must transfer the claim to the administrative body, as the court does not act as a substitute for the administrative organ in establishing the right to benefits.

Keywords

AI generated
social insurance proceedings administrative decision finality new claim remand court substitution power war disability pension procedural limitation KPC article 47710

Cited Legislation

AI generated
Art. 47710 § 2 KPC
Art. 316 § 1 KPC
Art. 39313 § 1 KPC
Art. 47714a KPC
Art. 39319 KPC
Art. 12 ust. 4 of the Act on Combattants
§ 32 of the Regulation on Social Security Procedures

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