Deadlines and options

If an application for an administrative act has not been decided without sufficient reason, an action for failure to act is in principle not admissible before six months have passed since the application was made.

If there is sufficient reason for the delay, the court can give the proceedings more time. § 88 (1) SGG.

Important: the six months are not automatically a statutory processing deadline for every authority.

They determine, in principle, from when an action for failure to act can become admissible.

If your objection has not been decided without sufficient reason, an action for failure to act may in principle be an option after three months.

Here too, the three-month limit does not automatically mean that every objection must be concluded within three months.

It also matters whether there is sufficient reason for the delay. § 88 SGG.

If an appeal against a judgment of the social court is admissible, it must in principle be lodged within one month of service of the judgment.

The appeal is lodged with the regional social court. The deadline is also met if the appeal reaches the social court within the deadline. § 151 SGG.

An admitted appeal on points of law to the Federal Social Court must in principle be lodged within one month.

Reasons for the appeal must in principle be given within two months.

Unlike, for example, the normal deadline for an objection, the deadline for giving reasons can be extended by the presiding judge on an application made before it expires. § 164 SGG.

Not every application to a social authority has to be decided within a certain number of weeks or months.

Special statutory decision deadlines may exist for individual benefits. However, there is no general deadline for all social law applications.

If an application has not been decided for a long time without sufficient reason, an action for failure to act (Untätigkeitsklage) may be an option.

Under certain conditions, a notice that has already become final can be reviewed again under § 44 SGB X.

Two questions have to be distinguished here:

• Can the old notice still be reviewed?
• For what period can benefits still be paid retroactively, if at all?

So with an application for review you should not simply assume that back payments will automatically be made for a certain period. Special rules may apply depending on the area of social benefits.

With deadlines, it is not only how long they are that matters, but also when they start and when they end.

For deadlines set by authorities, § 26 SGB X provides in principle:

• The deadline starts on the day after the deadline was notified, unless you were told otherwise.
• If the deadline ends on a Saturday, Sunday or public holiday, it in principle ends at the end of the next working day.
• Special rules may apply to certain expressly set dates.

For statutory deadlines for legal remedies, the respective special provisions also apply.

A complaint can be lodged against certain court decisions.

Under § 173 SGG, the deadline for a complaint is in principle one month after the decision was announced. However, not every court decision can be challenged with a complaint.

So always check the information on legal remedies in the specific decision.

You cannot meet a deadline you have been set? Then deal with it as early as possible.

Not every deadline is the same.

It is particularly important to distinguish between statutory deadlines, for example the deadline for an objection or a lawsuit, and deadlines set by an authority, for example:

• “Please submit the documents by …”
• “Please comment within 14 days.”
• “Please send the requested documents within four weeks.”

Deadlines set by an authority can be extended

Under § 26 (7) SGB X, deadlines that an authority has set itself can be extended. Under certain conditions, a deadline set by an authority that has already expired can also be extended retroactively.

When can an extension make sense?

For example if:

• you do not yet have documents,
• you are waiting for findings, medical reports or expert opinions,
• the inspection of files you applied for has not yet taken place,
• you first need advice or support,
• extensive documents have to be evaluated,
• you are not well enough to respond in time,
• your representative still needs time to review or
• there are other understandable reasons.

Apply before the deadline expires if possible

You should apply for the extension, if possible, before the original deadline ends.

In doing so, you should state:

• which letter you are referring to,
• which deadline is meant,
• when the original deadline ends,
• why you need more time and
• until what date you are applying for the extension.

Example

“By letter of … I was set a deadline of … . As I do not yet have all the documents needed for my statement, I apply for the deadline to be extended until … . I would be grateful for a short written confirmation.”

How long can a deadline be extended?

There is no general fixed length for this.

The extension you apply for should fit the reason.

For example, if you are still waiting for an inspection of files or medical documents, the time applied for should be long enough to actually review these documents after you receive them.

No answer to your application yet?

Do not automatically assume that the deadline has been extended.

If the original end of the deadline is getting close, you should ask again and refer to your application for an extension.

Make sure you keep proof of when you applied for the extension.

The deadline has already expired?

Even then you should not simply give up.

§ 26 (7) SGB X in principle also allows a deadline set by the authority to be extended retroactively, in particular if it would be unfair to let the consequences of missing the deadline stand.

Respond as quickly as possible and explain:

• which deadline was missed,
• why you could not meet it and
• that you are applying for a retroactive extension.

Caution with objections and lawsuits

You cannot extend a statutory deadline for an objection or a lawsuit simply by asking for more time.

While this deadline is running, the legal remedy should in principle be lodged in time.

Detailed reasons can often be submitted later.

Better to secure the statutory deadline first and then apply for more time for the reasons.

Before an authority makes a decision that interferes with your rights, in many cases it must give you the opportunity to comment on the facts relevant to the decision.

You will usually find the specific deadline for your statement in the hearing letter.

If you cannot meet this deadline, you can in principle apply for an extension of a deadline set by the authority. § 26 (7) SGB X allows deadlines set by an authority to be extended.

A notice normally contains information on legal remedies. It states which legal remedy is possible, where it must be lodged and which deadline applies.

If this information was not given or was incorrect, the legal remedy can in principle be lodged within one year under § 66 SGG.

Special exceptions may apply here too.

As a party to social administrative proceedings, you can demand to inspect the files under the conditions of § 25 SGB X, insofar as you need to know their contents to assert or defend your legal interests.

There is no general statutory rule such as “within 14 days” or “within four weeks” for this.

Our tip: note down when you applied to inspect the files. If nothing happens for a long time, you can ask in writing and request to be told when and in what form you will be able to inspect the files.

If your objection was rejected, you can in principle bring an action before the social court within one month of the decision on the objection being served on you.

If preliminary proceedings have taken place, the deadline for the lawsuit starts when the decision on the objection is served.

If it is served abroad, the deadline is in principle three months. § 87 SGG.

The date on the notice is not automatically the start of your deadline for a legal remedy.

What matters, in principle, is when the notice was served on you.

When calculating a deadline for an objection or a lawsuit, you should therefore not simply go by the date at the top of the letter.

Especially if a notice arrived later than expected, you should note the actual day of receipt and – if you still have it – keep the envelope.

You can in principle lodge an objection against an administrative act under social law within one month of it being served on you.

If it is served abroad, the deadline is in principle three months. § 84 SGG.

Do I have to give reasons for the objection straight away?

No. To meet the deadline, what matters first is that the objection is lodged in time.

If you still need to inspect the files, documents are missing or you need advice, you can first lodge the objection to meet the deadline and say that reasons will follow.

Important: do not wait until all documents are complete if that would make you miss the deadline for the objection.

You missed a statutory deadline and could not meet it through no fault of your own?

Then, under certain conditions, restoration to the previous position may be possible.

Under § 27 SGB X, the application must in principle be made within two weeks of the obstacle ceasing to exist.

Within this time, the missed step must in principle also be taken.

Once a year has passed since the end of the missed deadline, restoration is in principle no longer possible, unless force majeure prevented you from acting in time.

If it concerns a statutory procedural deadline in social court proceedings, the rules of § 67 SGG apply.

The application must in principle be made within one month of the obstacle ceasing to exist.

You have submitted an application, lodged an objection, handed in documents or applied to inspect the files – and you have not heard anything since?

Then you can ask in writing about the current state of the proceedings.

A status enquiry is not a lawsuit and does not automatically set the authority a legally binding deadline for a decision.

But it can help you find out:

• whether your application or objection has arrived,
• whether documents are still missing,
• whether investigations or assessments are already under way,
• who is handling the proceedings,
• whether anything else is needed from you,
• why processing is delayed and
• what the next steps look like.

What should a status enquiry contain?

If available:

• your file reference,
• your insurance or reference number,
• the date of your application or objection,
• a short description of the proceedings and
• a request to be told the current processing status.

Example

“On … I submitted my application/objection. To date I have not received any further information on the processing status. I therefore ask to be told the current status and whether any documents or cooperation are still required from me.”

Can I set my own deadline for a reply?

You can ask the authority to reply within a reasonable period.

However, a deadline set by you does not automatically mean that the authority is legally in default once it has passed or must decide immediately.

If an application or objection remains unprocessed for a long time, the statutory conditions for an action for failure to act may become important.

If an authority asks for further documents, it often sets a specific deadline for this.

For example:

“Please submit the documents within 14 days.”

If you cannot obtain the documents by then, you should not simply let the deadline pass.

Tell the authority as early as possible:

• which documents are still missing,
• why they are not yet available,
• whether you have already requested them and
• how much additional time you are likely to need.

You can then apply for an extension of the deadline at the same time.