Change in the amount of disability pension as a result of a change in the degree of disability - the application is processed by the Czech Social Security Administration

Hlavní informace

If your state of health has changed, which does not allow you to participate fully in the work process for a long time, you can request a change in the amount of disability pension paid. If the Czech Social Security Administration is the payer of your disability pension, the Czech Social Security Administration is again responsible for processing the request for a change in the amount of the disability pension due to a change in the degree of disability.

Týká se vás to pokud

You are a recipient of an disability pension paid by the Czech Social Security Administration and, at the same time, there has been a change (deterioration or improvement) in your state of health affecting your ability to engage in gainful employment in comparison with the state of health determined at the last medical examination carried out by the competent District Social Security Administration (before 1 January 2024 or by the Institute for Medical Assessment after 31 December 2023), on the basis of which it is assumed that there has been a change in the degree of disability.

Kdy službu řešit

You can apply for a change in the amount of the disability pension at any time (preferably after consultation with the attending physician) if your health condition has changed in a long-term way that does not allow you to perform a full-fledged gainful activity.

The date of change in the degree of disability can be set by the assessing doctor as any day up to the date of the preparation of the disability certificate. It is never possible to determine the date of the change in the degree of disability for the future, i.e. to state the day following the date of approval of the disability assessment.

Vyřízení služby

Co potřebujete pokud službu řešíte

When applying in person to change the amount of the disability pension, you must present the original, or an officially certified copy, of your identity card (passport or proof of residence permit for foreigners).

Kde a jak službu řešit

Step 1

If you do not apply electronically, as a recipient of a disability pension paid by the Czech Social Security Administration, you must apply in person, or on the basis of a power of attorney issued by your representative, to any territorial social security administration or its contact workplace (i.e. the district social security administration). You may find contact details on the Czech Social Security Administration website

An employee of the social security administration will fill in the application with you on the prescribed form.

In the case of a person whose state of health prevents him/her from submitting an application, a member of his/her family may submit an application on the basis of a medical certificate attesting to his/her state of health, with the consent of the person receiving the invalidity pension.
Step 2

On the basis of the application submitted, the process of assessing your disability will begin. The assessment is carried out by a doctor at the Institute for Medical Assessment; a non-medical professional may take part in the assessment, in a similar way to the assessment of disability on the basis of an application for a disability pension.

The assessment of your disability will be carried out by a medical examiner, usually in your absence, on the basis of all the medical reports and documents submitted. If the documentation is not sufficient for the assessment, you will be invited to appear before a medical examiner who will assess your state of health in your presence.

The medical review carried out on the basis of a request for a change in the amount of the invalidity pension may result in a higher degree of invalidity due to a deterioration in your state of health, or the assessing doctor may conclude that your state of health has improved and therefore determine a lower degree of invalidity. The medical examiner may also find that there has been no change in your level of disability and that you continue to be disabled at the current level.

The result of the disability assessment process is a Disability Assessment Report issued by the Institute for Medical Assessment, which will be sent to you within 7 days of its issue.

Step 3

The relevant social security administration forwards the disability certificate together with the application for a change in the amount of the disability pension to the Czech Social Security Administration, which is the payer of the disability pension and is therefore responsible for deciding on the application. The processing time is 90 days.

Step 4

If the amount of the disability pension has changed, the Czech Social Security Administration will pay the new amount of the pension on the set payment date in the same way as it has been paid up to now. If there has been no change in the amount of the invalidity pension, it will be paid to you in the same way and in the same amount as before.

Kolik budete platit

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Doplňující informace

Jaký má služba benefit

Recipients of a disability pension who, on the basis of their request to change the amount of the disability pension, have been recognized by the doctor of the Institute for Medical Assessment as disabled in a different degree of disability compared to the original state of health, the amount of the paid disability pension will be changed (and this without examining the fulfilment of the condition for entitlement to a pension consisting of obtaining the necessary insurance period). The new amount of the disability pension will be determined from the date on which the change in the degree of disability occurred.

The change in the amount of the pension must always correspond to the newly determined degree of disability, i.e. if the degree of disability increases, the pension will increase proportionally, if, on the contrary, the degree of disability decreases, the pension will decrease proportionally.

Možnosti odvolání

Written objections to the decision of the Czech Social Security Administration in matters of pension insurance may be filed as a proper remedy within 30 days from the date of notification of the decision to the party to the proceedings.

The objection must contain the same information as an appeal under Section 82 of the Administrative Code, i.e. it must first and foremost indicate who is submitting it, what is at issue and what is being proposed, i.e. it must contain the name of the participant and the administrative body to which it is addressed, as well as the signature of the person submitting it.

It shall also state the decision to which objection is made, the extent to which it is contested and the grounds on which it is considered that the decision or procedure which preceded it is contrary to the law or incorrect.

If the appeal does not specify the extent to which the participant contests the decision, it shall be deemed to request the annulment of the entire decision.

The submission of an appeal does not have a suspensive effect if the decision concerns the fulfilment of the sanction obligation of the beneficiary or the employer. Objections are submitted to the Czech Social Security Administration, which issued the decision and also decides on them.

Objections may be submitted within the specified time limit directly to the Czech Social Security Administration or to any territorial social security administration or to its counterpart - the district social security administration. Therefore, first-instance decisions of the Czech Social Security Administration do not become legally effective upon delivery, but only upon expiry of the 30-day period for submitting objections, or upon delivery (notification) of the decision of the Czech Social Security Administration on objections.

The Czech Social Security Administration examines the contested decision in its entirety, it is not bound by the objections submitted and may also decide against the party to the proceedings. Proceedings on appeals must be conducted separately from the first-instance decision of the Czech Social Security Administration - persons who took part in the proceedings to issue the contested decision cannot take part in them or make decisions in them.

The submission of an appeal is a proper remedy in administrative proceedings, and the successful or unsuccessful outcome of the appeal proceedings is therefore a necessary condition for the matter to be considered by the court in the context of possible subsequent administrative proceedings.

However, a beneficiary who considers that his rights have been infringed may file a lawsuit against the final decision of the Czech Social Security Administration within 2 months from the date of delivery of the decision on the appeal. The details of the appeal are regulated by the Administrative Court Act (Act No. 150/2002 Coll.).

The Regional Court (Municipal Court in Prague) in whose district the plaintiff resides or in whose district the plaintiff is domiciled has jurisdiction over the case.

If the person is not domiciled or resident in the Czech Republic, the Regional Court in Brno shall have jurisdiction if the person is domiciled or resident in the Slovak Republic; the Regional Court in Ostrava if the person is domiciled or resident in the Republic of Poland; the Regional Court in Pilsen if the person is domiciled or resident in the Federal Republic of Germany; the Regional Court in České Budějovice if the person is domiciled or resident in the Republic of Austria.

If the jurisdiction of the regional court cannot be determined in this way, the competent regional court shall be determined according to the last place of residence of the person on the territory of the Czech Republic, and if the jurisdiction cannot be determined in this way, the competent regional court in Prague shall be determined.

Legislativa

Sankce

If you do not undergo a medical or other professional examination, although you have been invited to do so by the Czech Social Security Administration or the Institute for Medical Assessment, your pension payment may be stopped if you were warned of this consequence in the invitation.

In addition, you are obliged to submit, at the request of the Czech Social Security Administration or the Institute for Medical Assessment for the purpose of assessing the reduction in your working capacity, within 8 days from the date of receipt of the request, the medical reports of your treating physicians and information on your education, experience and knowledge, previous employment and changes in the disclosed facts, unless the Czech Social Security Administration or the Institute for Medical Assessment has set a longer deadline. Even if this obligation is not fulfilled, the payment of your pension from the pension insurance fund may be stopped if you were warned of this consequence in the decision.

If there is a change in the facts that determine the duration of your entitlement to a disability pension, you must notify the Czech Social Security Administration of this within 8 days.

If you receive a disability pension or part of a disability pension and the circumstances suggest that it has been paid incorrectly or in a higher amount than is due, you are obliged to repay the incorrectly paid pension amounts.

Časté dotazy

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