Legislator Case Law & Legislation
II UKN 632/00 AI generated

Supreme Court dismissed cassation, ruling rent suspension requires medical proof of disability change, not just ability to work.

Case Number II UKN 632/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a social insurance office's decision to suspend a disability pension. The lower courts found the applicant capable of his former job but maintained the pension based on the 1997 law definition of disability. The court rejected the argument that the ability to work alone justified suspension, holding that medical evidence of a disability change is required under the relevant social security statute.

Legislator headnote

AI generated

Art. 23 ust. 1, 2 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 78 ust. 1 tej ustawy; Art. 39312 KPC: A change in disability status for pension purposes requires medical determination of altered, absent, or re-emerging disability, not merely the ability to perform existing work.

Keywords

AI generated
social security law disability pension medical assessment change of status cassation appeal work capacity statutory interpretation

Cited Legislation

AI generated
Art. 23 ust. 1, 2 of the Act of 14 December 1982 on pension provision for employees and their families
Art. 78 ust. 1 of the Act of 14 December 1982 on pension provision for employees and their families
Art. 39312 of the Code of Civil Procedure

Cited Case Law

AI generated
I TR 650/69

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