On July 3, 2024, an important decision was made regarding pensions for persons with disabilities who suffered as a result of the Chernobyl disaster. The adopted resolution made it possible to receive from 6 to 10 minimum pensions to such people, which caused a new wave of lawsuits against the pension fund. In this article, we will consider the essence of this decision and who is entitled to the corresponding additional payment.
Legislative regulation until 1996
Until 1996, the current legislation provided that persons who became disabled as a result of the Chernobyl disaster should receive the following pension payments:
- Group I – 10 minimum pensions;
- II group – 8 minimum pensions;
- Group III – 6 minimum pensions.
However, in 1996 the legislation was amended to significantly reduce these pension payments. This decision caused a lot of dissatisfaction among people with disabilities, because they lost a significant part of their financial support.
Decision of the Constitutional Court in 2021
In 2021, several victims managed to defend their rights in the Constitutional Court. The court recognized that the reduction of pensions was illegal. However, after this decision, the legislation was not brought back to the previous standards, and pension payments were never increased for all those affected.
Thus, a situation has now arisen where individuals who file lawsuits and contest the reduction of pensions have a chance to receive payments in the amount of 6 to 10 minimum age pensions. This became possible thanks to the practice that began to take shape after the positive decisions of the courts in August of this year.
Positive court decisions in 2023
In August 2023, the courts began to make the first positive decisions on increasing pensions for disabled citizens of Chernobyl. It is important to note that in many cases people do not even need to file an appeal because their claims are settled in the courts of first instance.
However, this does not mean that every case will automatically be decided in favor of the plaintiff. Each case is individual, and a lot depends on specific circumstances. However, there is a real opportunity to get a significant pension increase for those who are ready to defend their rights in court.
Who is entitled to additional payment?
Persons who: have the right to increase pensions
- became disabled as a result of the Chernobyl disaster;
- receive pensions in connection with the loss of a breadwinner due to the Chernobyl disaster;
- are ready to file a lawsuit to restore their rights.
If you or your relatives belong to this category, you have the right to request an increase in pension payments through the court. It is worth contacting lawyers for advice and assistance in preparing the necessary documents for filing a lawsuit.
Question
Why is it relevant now?
Respond
At the end of August 2024, the first positive decisions in the courts on this issue only began to appear.
Question
Why isn't everyone automatically promoted?
Respond
Because the legislation has not been changed yet. Whoever files a lawsuit has a chance to receive six to ten minimum pensions, depending on the disability group.
Legal pension consultation for residents of Chernobyl
This case is important for many people affected by the Chernobyl disaster. It is important to remember that each case is individual and requires a careful approach.
If you, your parents or acquaintances have a disability due to diseases related to the Chernobyl disaster, or receive pensions due to the loss of a breadwinner, we recommend that you seek legal help. This could be the first step towards receiving increased pension benefits, which were guaranteed by law until 1996. Therefore, if the phrase pension, lawyer's consultation is relevant, do not delay that.
Invitation to a consultation on pension issues
If you need legal assistance in obtaining a pension or other legal advice on calculating pensions, we are ready to help you. Our specialists will advise on the issue of legal assistance when applying for a pension and help with all issues related to pension provision. Difficulties often arise in the context of pension consultation by a pension lawyer. If you have them, or issues with the registration of pension payments. We provide legal assistance in drawing up a pension and advise on all stages of the process. Our team includes structures such as a pension lawyers and a lawyer on pensions to help you get the pension benefits you need. Help is provided by a qualified pension lawyer and get qualified support in solving pension fund lawyers.
Each of our clients can count on receiving an answer and will be provided with legal assistance on pension issues and detailed consultation of a lawyer on pension issues. Our legal pension advice includes an analysis of your situation and suggestions for the best solutions.
We offer legal advice on pensions and resolve all issues related to benefits. Our pension legal advice will help you understand your rights and obligations in the context of pension legislation.
To solve complex pension cases, we offer the help of qualified specialists: a pension attorney and a lawyer on pension calculation. You can ask for help, a pension lawyer or a pension lawyer in Kyiv will help you with this. Our pension fund lawyer will provide professional support in solving any pension cases.
Our pension lawyer will help solve your questions at any time convenient for you. Get advice from leading specialists in pension law: we also have a pension lawyer or a pension lawyer Kyiv.
If you need help getting a advice of a pension lawyer to help you, don't delay - contact us today!
The situation with pensions for Chernobyl residents with disabilities remains difficult, but positive court decisions open an opportunity for justice to be restored. Persons who are ready to defend their rights in court have a real chance to receive increased pensions that were guaranteed earlier, uses legal advice on pension issues. If you or your loved ones belong to the category of Chernobyl residents, do not miss the opportunity to use this right and seek legal help to protect your interests.