Social security appeal dismissed for attempting to reframe the claim by proving only partial pension eligibility conditions.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Maria W. against a social security office decision denying her teacher's pension. The lower court had ruled that while the applicant did not meet the specific transition requirements under the Teachers' Card Act, she satisfied other general conditions. The Supreme Court held that in separate proceedings regarding pension appeals, Article 193 of the Civil Procedure Code prohibits transforming the claim by requesting the court to establish only some of the conditions necessary for the right to benefits.
Legislator headnote
AI generatedArt. 193 k.p.c.; Art. 13 § 2 k.p.c.; In separate proceedings concerning appeals against social security decisions, it is inadmissible to transform the subject matter of the claim by requesting the court to ascertain only certain prerequisites for the right to benefits.