Appeal against the decision of the Social Insurance Institution
The decision issued by ZUS ends the administrative proceedings. A person who does not agree with the ZUS decision has the right to appeal to the court. When canceling, it is important to meet the deadlines provided for in the regulations and to comply with other formalities. Filing an appeal is free of charge.
Date and place of appeal
An appeal against a ZUS decision must be submitted within one month from the date of delivery of the decision. Pursuant to the provisions of the Civil Code, a period in months ends on the day whose name or date corresponds to the initial day of the period, and if there was no such day in the last month - on the last day of that month.
If the end of the period for appealing against a decision falls on a statutory holiday, this period shall expire on the following day.
An appeal against a ZUS decision may be delivered in person to the appropriate ZUS branch or sent via Poczta Polska. In the case of sending the appeal by post, the date of the postmark shall determine the expiry of the deadline for submitting the appeal.
Remember to make sure that the appeal is confirmed for evidence purposes. If the appeal is delivered personally to the ZUS branch, the ZUS employee should confirm acceptance of the document with a stamp (on the copy of the appeal). If the appeal is sent by post, it is best to send it by registered mail with acknowledgment of receipt.
ZUS may amend or revoke the previously issued decision within 30 days from the date of submitting the appeal. If ZUS does not take any action within 60 days from the date of submission of the appeal, a complaint may be brought to the court against ZUS's inactivity.
The content of the appeal against the decision of the Social Insurance Institution
The appeal against the decision of ZUS is submitted to the competent ZUS branch or inspectorate, however, it should be addressed to the court having jurisdiction over the place of residence for the consideration of the case, as ZUS acts as an intermediary in the case. Depending on the type of case, it will be a District or District Court, each ZUS decision contains an instruction on the possibility of appeal, which includes the full name of the competent court.
The appeal against the ZUS decision should include:
the name and address of the appellant,
designation of the court to which the appeal is addressed,
the number of the decision to which the appeal relates,
allegations and conclusions,
justification together with evidence,
signature of the appellant,
list of attachments.
The appeal may refer to either the entire decision issued or only part of it. If the appeal requires presentation of documents, their copies should be attached to the appeal and at the end of the document should be presented as attachments.