Judicial appeal proceedings in cases related to social insurances from the point of view of the Social Insurance Institution – selected issues Cover Image

Sądowe postępowanie odwoławcze w sprawach z zakresu ubezpieczeń społecznych z perspektywy Zakładu Ubezpieczeń Społecznych – wybrane zagadnienia
Judicial appeal proceedings in cases related to social insurances from the point of view of the Social Insurance Institution – selected issues

Author(s): Bartosz Suchacki
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniwersytet Opolski
Keywords: cases related to social insurance; return of files to the pension authority; value of the subject of appeal

Summary/Abstract: The paper deals with the issue of practical use of the regulation related to return of files to the pension-awarding authority in order to supplement case materials and difficulties of representatives of the pension authorities related to determination of the value of the subject of appeal in cases related to social insurance. The author, in particular, indicates that determination of the value of subject of a litigation within the frame of first instance proceedings, as well as the method of formulating the conclusion of a judgement in cases regarding the amount of social insurance benefits have a substantial influence on the fulfilment of the formal obligation to indicate the value of the subject of appeal. Additionally, it is indicated in what circumstances ordering a return of case files to the pension-awarding authority to supplement the files is justified.

  • Issue Year: XIII/2015
  • Issue No: 2
  • Page Range: 127-138
  • Page Count: 12
  • Language: Polish