If the service provider rejects the administrative appeal again, insured persons can take legal action before the Social Court. In the case of actions against decisions of the Integration Office/Inclusion Office, the Administrative Court is responsible.
The legal remedy instruction in the rejection letter must indicate that the action can be brought within one month and must name the competent social court. If this information on legal remedies is missing in the notice of appeal, the time limit for bringing an action is extended to one year.
The period begins when the notice of objection is received by the insured person.
Insured persons may file a complaint in writing with the competent social court or submit the complaint orally for the record. The clerks of the office at the respective social court are responsible for this and will also help with the wording.
There are no court fees for legal proceedings before the social court. The state treasury also pays for any expert opinion requested by the court. If this is unfavourable to the insured, they can call in another expert of their own at their own expense.
Plaintiffs can inspect the files at court and represent themselves in court without legal counsel. However, due to the financial risks and complex legal matter, legal advice and legal counsel in court is recommended.