Claim against a social insurer's decision (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
The claim at Austria's Labour and Social Court (Arbeits- und Sozialgericht) against a decision (Bescheid) of the ÖGK, SVS, BVAEB, PVA or AUVA — on care allowance, a reimbursement or insurance periods, for instance: with claimant and defendant, the decision, the facts, the evidence and the relief sought. It must be filed within four weeks of service, or three months in pension and care-allowance matters (§ 67(2) ASGG); a claim filed in time sets the decision aside as far as claimed. No lawyer is needed at first instance and insured persons bear no risk of costs (§ 77 ASGG). In German, to print, sign and file by post or through JustizOnline.
What you fill in
The details the document asks for.
- Court: the Labour and Social Court in Vienna, elsewhere the regional court sitting as labour and social court
- Court's postal address
- Insured
- Date of birth
- Insured's address
- Social insurance number (ten digits, on the e-card)
- Social insurer (ÖGK, SVS, BVAEB, PVA or AUVA)
- Insurer's postal address (regional office or customer service)
- Benefit at issue (e.g. care allowance, reimbursement, rehabilitation)
- Date of the decision
- The insurer's reference (if given)
- Date the decision was served on you
- What happened and why the decision is wrong, in your own words
- Evidence (e.g. enclosed medical reports, care diary, your own testimony, a medical expert's report)
- What the insurer should grant or recognise, and from when, in German (e.g. “ab 01.03.2026 Pflegegeld der Stufe 4” or “die Zeit vom 01.09.1990 bis 31.08.1994 als Kindererziehungszeit”)
- What you ask the court for: that the insurer grant a benefit (“zu gewähren”) or recognise insurance periods (“anzuerkennen”)
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- By when must a claim reach the Labour and Social Court in Austria?
- Within four weeks of service of the decision, or three months in pension and care-allowance matters; the deadline cannot be extended (§ 67(2) ASGG). Note the day of service and file the claim so that it is sure to arrive in time. A claim filed in time sets the decision aside to the extent of what is claimed (§ 71 ASGG); the court then decides on the benefit afresh.
- Where and how is a claim against an Austrian social-insurance decision filed?
- At the Arbeits- und Sozialgericht Wien if you live in Vienna, otherwise at the regional court sitting as labour and social court for your place of residence (§ 7 ASGG); the notice of remedies in the decision says where else it may be lodged, such as with the insurer itself. Send the claim signed and in two copies by post, ideally registered, or file it through JustizOnline with ID Austria; courts do not take e-mail. Enclose a copy of the decision and keep a copy of the claim.
- What must a claim against Austria's social insurance contain?
- A specific request: what the defendant insurer is to grant you. For insured persons it is enough to state the facts from which the benefit and its extent follow; a request for the benefit 'to the statutory extent' is read as aimed at what is most favourable to you (§ 82 ASGG). Add the decision, your account of the facts in your own words and the evidence, such as medical reports or a care diary.
- Is a lawyer needed for a claim at Austria's Labour and Social Court, and what does it cost?
- Not at first instance: you can file the claim yourself and represent yourself. The insurer bears the costs of the proceedings, including witnesses and experts, whatever the outcome; you repay it only costs you cause by bad faith, delay or misleading it (§ 77 ASGG). Advice is available from the Chamber of Labour (Arbeiterkammer) or your statutory professional body, for instance.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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