The client applied to Fidelis Law Firm to protect their legally established right to receive a pension. Specifically, the Unified Social Service had refused to include long-term periods of employment reflected in the client’s employment record book into their total work experience (length of service), as a result of which the plaintiff was not receiving a pension.
The client maintained that the administrative body’s decision was unsubstantiated, given that their employment activity was documented by corresponding entries in the employment book. Excluding these periods directly restricted their right to social security and pension benefits, causing negative legal and financial consequences.
Upon taking on the case, our lawyers conducted a detailed examination of the client’s pension file, employment record book, documents confirming periods of employment, the decision issued by the administrative body, and the reasoning behind it. Simultaneously, the legal framework governing state pensions, calculation of length of service, and administrative proceedings was analyzed alongside established judicial practice.
The study revealed that the administrative body had failed to properly evaluate the documents submitted by the client and had not sufficiently justified why the periods recorded in the employment book were excluded from the work history. Furthermore, the authority failed to conduct a comprehensive, full, and objective examination of the factual circumstances of the case, confining itself to a formal evaluation of the presented documents.
Our team developed a litigation strategy aimed at safeguarding the client’s pension rights. In the lawsuit filed before the court, we requested to invalidate the administrative act adopted by the Unified Social Service and to compel the administrative body to issue a favorable administrative act—calculating the relevant periods reflected in the employment book into the client’s work history and granting an age-based labor pension.
The complaint detailed the factual and legal defects of the contested administrative act. In particular, it was emphasized that when deciding on an individual’s pension rights, an administrative body is obligated to assess all submitted evidence, independently obtain additional information if necessary, and ascertain all circumstances essential to resolving the case.
During judicial proceedings, our lawyers demonstrated that the entries in the employment book confirmed the client’s work activity, while the administrative authority failed to present sufficient evidence to deem them untrustworthy. At the same time, it was stressed that unrefuted doubts regarding documents or the absence of necessary information cannot automatically be interpreted against an individual without properly verifying their authenticity and the other circumstances of the case.
The court’s attention was also drawn to the fact that an incorrect calculation of work experience or the omission of specific periods can deprive an individual of a statutorily guaranteed pension. Consequently, such decisions must adhere to principles of good administration and be based on a comprehensive assessment of all submitted documents.
After examining the case materials and evaluating the arguments presented by both sides, the court accepted the legal position presented by our lawyers. As a result, the contested administrative act was declared invalid, and the administrative body was compelled to calculate the relevant periods listed in the client’s employment book into their work history and grant an age-based labor pension.
Thus, through the thorough legal analysis, properly formulated claims, and consistent representation in court executed by our team, the client’s violated pension rights were restored and proper accounting of their working years was secured.
This case demonstrates that a refusal by an administrative body is not final and can be challenged through judicial proceedings. In disputes regarding the calculation of work experience and pension assignment, a complete examination and proper legal assessment of employment books, archival documents, and other evidence of work history are of paramount importance.
If an administrative authority has failed to calculate specific periods of your work history, denied a pension assignment, or incorrectly calculated its amount, our lawyers stand ready to examine your case, evaluate the lawfulness of the decision, develop an effective defense strategy, and represent your interests before administrative authorities and courts.