Assessing the validity of insurance denials could prove beneficial.
If your request for fundamental security assistance was denied, or the monetary calculation wasn't accurate, you're not obligated to accept that conclusion. Here are your potential avenues:
Insufficient resources, insufficient income: If you're unable to maintain your livelihood in Germany, you might be eligible for a type of basic security, such as retirement or disability allowance, or unemployment aid. You'll need to apply for these benefits at the local social welfare office or employment agency. However, not everyone receives the benefits they're entitled to. If your application is declined or the allowance is insufficient, it could be worth contesting the decision.
You can contest it by lodging a protest, as suggested by a pamphlet from the German Federal Ministry of Labor. You'll find the information on where and when to submit your protest in your decision notice. Typically, you'll have to submit it in writing within a month of receiving the notice. If you need assistance, you can reach out to a counseling center affiliated with VdK or SoVD, or consult a specialist in social law.
Negligent to Not Challenge the Decision
If your protest is also rejected, your only remaining option is to take legal action. As per the German Federal Ministry of Labor, you'll need to file a lawsuit with the social court to enforce any potential claims. While there's no mandatory legal representation, it might be wise to consult an experienced and competent legal representative.
It could be worth the effort, according to Mohamed El-Zaatari. He's a lawyer and the head of the legal department at Rightmart, which is said to be Germany's largest consumer rights law firm. El-Zaatari asserts that at least half of the unemployment benefit decisions are flawed. Consequently, it's almost negligent not to contest a decision. The majority of flawed decisions are corrected during the objection process, and legal action is often not necessary.
If you're unsatisfied with the decision on your protest, seeking the advice of a legal professional could be beneficial. They can provide insight on whether further legal action is necessary.
Understanding the complexities of social law and the nuances of your case might require expert guidance, making advisement from a specialized lawyer crucial.
