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The Constitutional Court canceled the restrictions on pensions for Chernobyl residents

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Publication date: 23.10.2024

On March 20th of this year, the Constitutional Court recognized as illegal the restrictions established by the second article of the Law of Ukraine No. 3668-6. This article established the maximum amount of pension for persons who suffered from the Chernobyl disaster and lost their ability to work, limiting them to ten subsistence minimums. 

Thanks to a new court decision, victims can now count on a review of their pensions. This decision opens up opportunities for many affected citizens to receive fair and adequate compensation to which they are entitled.

Question

How to find out that your pension is incorrectly calculated?

Respond

 The easiest way is to contact the Pension Fund authorities for calculations based on the materials of the pension case and compare them with what you are actually paid. For example, if you are entitled to a pension in the amount of twenty-five or thirty thousand hryvnias, and you receive twenty-three thousand six hundred and ten hryvnias, this is the difference that you do not receive. This amount is different for everyone, and each case should be approached individually.

Disability pensions due to the Chernobyl disaster.

Here are the innovations related to this issue:

  • Already this year, disability pensions as a result of the Chernobyl disaster can be reviewed in court with the aim of removing the limit on the maximum amount and increasing payments. Unfortunately, this restriction is not automatically lifted, so you will need to seek legal advice.
  • A similar situation was observed with military pensioners in 2022, when the maximum amount of pension was limited to twenty thousand nine hundred and thirty hryvnias, due to which they did not receive from two to three thousand hryvnias every month. Over the past two years, we have been able to lift these restrictions for thousands of military retirees, and we continue to help others protect their rights. 
  • In the case of military pensioners, the only viable option to receive a full legal pension is to go to court. Of course, you can do it yourself, but everyone knows well how representatives of the Pension Fund like to complicate the process.

Our company helps residents of Chernobyl to remove pension restrictions. We will not only analyze your case, but also provide all necessary legal support. We already have clients we are helping to remove these restrictions, and now, thanks to the Constitutional Court's decision, we have even more opportunities to succeed. If you want to avoid critical obstacles and ensure fair payouts, contact us.

Why hire a lawyer when solving pension issues?

Hiring a lawyer to solve pension issues becomes an important step for citizens who are faced with various legal complications related to the calculation of pension benefits. The modern social security system, unfortunately, sometimes does not take into account individual characteristics or makes mistakes that can lead to an illegal reduction in the amount of the pension. In such cases, the qualified assistance of a lawyer is irreplaceable.

  1. Removal of the maximum pension limit. In many cases, pensioners are faced with the fact that their pension benefits fall under the so-called maximum pension limit. This means that regardless of income or length of service, the pension accrual does not exceed the legal limit. A lawyer can help achieve removal of maximum pension restrictions if there are legal reasons for this, for example, underpaid insurance contributions or unaccounted length of service.
  2. Removal of the pension restriction. In addition to cases of maximum limitation, there are other types of limitations that may unduly reduce pension benefits. A human rights defender can make a legal assessment of the situation and determine whether it is possible to challenge the established pension restrictions. This can include legal advice, drafting requests and applying to judicial authorities to removal of pension restrictions, which will ensure that the pensioner receives a fair amount of benefits.
  3. Recalculation of pensions. Another important area where a lawyer canto help, there is a recalculation of pensions. Often, the pension fund makes mistakes in calculations due to insufficient accounting of all legal grounds for increasing pension payments. A lawyer can ensure the correctness of calculations and achieve recalculation of pension based on new data on seniority, salary or other indicators. This is especially important for people who have a long working experience or a high income.
  4. Execution of court decisions regarding pensions. It is not rare that after the adoption of a court decision, pension authorities delay the process of implementation or refuse to implement the court decision at all. In such cases, the lawyer can act as a representative of the client's interests and ensure the enforcement of the court's decision regarding the increase or transfer of pension payments. This is an important aspect of legal aid, which allows you to defend the rights of pensioners to legal benefits.
  5. Protection of pensioners' rights. In general, it is advisable to contact a lawyer in cases where a pensioner faces any difficulties related to receiving or accruing a pension. The lawyer will ensure the effective protection of citizens' rights to pension security, whether it is removing the maximum pension restrictions or recalculation of pensions based on new data. Professional legal support will help to avoid mistakes related to bureaucratic procedures and ensure a fair amount of payments.

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Conclusion

The abolition of the limit on the maximum amount of pensions had a significant impact on some of the pensioners of Chernobyl. Hiring a pension attorney is a smart way to protect your Social Security benefits. Regardless of whether it is a removal of a pension restriction or a recalculation of pensions, a lawyer can help resolve these issues, taking into account the legal rights and obligations of the parties. The right approach will allow pensioners to receive a fair amount of benefits, which corresponds to their work experience and legal norms.

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