Legislator Case Law & Legislation
II UKN 297/00 AI generated

Social security pension appeal dismissed; burden of proof lies with applicant for disability benefits.

Case Number II UKN 297/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's refusal of a disability pension to Stanisław S. The applicant failed to prove a five-year employment period within the last decade and did not demonstrate that his disability arose within 18 months of his job termination. The court rejected the claim that the lower court erred in procedure or fact-finding, noting that the burden of proof rests on the applicant under the relevant social security law.

Legislator headnote

AI generated

Art. 116 ust. 5 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 393 § 1 i 2 KPC: The burden of proof regarding the right and amount of social security benefits rests on the applicant, and the cassation court is bound by the factual findings of the lower instance without the ability to admit new evidence.

Keywords

AI generated
social security pension disability benefits burden of proof employment period requirement cassation procedure medical evidence statutory interpretation

Cited Legislation

AI generated
Art. 116 ust. 5 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 393 § 1 and 2 of the Code of Civil Procedure
Art. 57 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 14 ust. 2 of the Act on Pensions and Allowances from the Social Insurance Fund

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