social Court

Social Court Hamburg, legal action brought

Prerequisites

Documents required

Identification documents and, if applicable, proof of residence.

Power of attorney, if you are not acting as a legal representative for other adults

Notice of objection against which you wish to file a lawsuit (note the deadline!)

Documents with which you intend to substantiate your claim

No legal advice is provided.

Booking an appointment is not sufficient to meet the deadline.

Deadlines

General time limit for filing a lawsuit: According to Section 87 of the Social Court Act (SGG), the lawsuit must be filed within one month of service of the decision on the objection. Pursuant to Section 64 Paragraph 1 of the SGG, the time limit begins on the day after notification.


Action for failure to act: According to § 88 SGG, the action is admissible if the authority has not decided on an application or objection within three months.

Procedure

The Social Court investigates the facts of the case on its own initiative. For example, it can request information or expert opinions. It can obtain files from authorities or other proceedings. It can hear witnesses, etc. The Social Court is obligated to clarify the facts of the case in this way (this is called the principle of official investigation). The Social Court can discuss the case with the parties involved in a so-called hearing. Lay judges also participate in public hearings. The facts of the case are presented at the beginning, and then the case is discussed in detail with the parties involved. If no other solution is possible, the motions are then filed (the court will assist you with the correct wording). After a confidential deliberation, the court announces its judgment. Later, the judgment will be sent to you in writing with a detailed explanation. A judgment can also be issued in written proceedings if all parties agree. In straightforward cases, the Social Court can also decide by court order in written proceedings without the consent of the parties involved. However, it must inform the parties of this beforehand.

A court ruling is not the only solution to a legal dispute. Often, an amicable agreement can be reached between the parties involved (this is called a settlement).

Processing time

It is not possible to give a general answer here.

Fees

Proceedings before the social courts are generally free of court fees at all levels, including for citizens who are insured persons, other benefit recipients, or people with disabilities (and are being sued). Other plaintiffs and defendants must pay a flat fee for each case.


Court fees based on the value in dispute, as is common in other branches of the judiciary, are incurred in proceedings in which no insured person is involved (for example, in reimbursement disputes between benefit providers or in matters concerning contracted physicians).


Out-of-court costs, such as those incurred by appointing legal counsel, are generally borne by the party who loses the case. However, expenses incurred by public authorities are never reimbursable in court-fee-free proceedings.


A party in need who cannot afford the costs of litigation may, upon application, receive legal aid if the litigation is not frivolous and there is a reasonable prospect of success. Depending on the applicant's income and assets, the costs of their legal representative will then either be fully covered by the state or the applicant may be granted payment in installments.

Legal remedies

omitted