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Objection to the GdB notice

The whole legal path costs you nothing — that changes the balance

At the Versorgungsamt§ 183 SGGFree of charge

The remedy against a notice from the Versorgungsamt (office for social care provision) is an objection (Widerspruch), which must be lodged within one month of notification. Lodge it to meet the deadline, even without a statement of reasons — a sentence with the date and file number is enough. This is especially advisable here, because a notice on the degree of disability (Grad der Behinderung, GdB) can hardly be assessed without access to the file: only the administrative file shows which individual GdB values were applied and which medical findings were evaluated at all.

The remedy against the notice is an objection (Widerspruch), which must be lodged within one month. If it is unsuccessful, the Sozialgericht (social court) decides — not the administrative court: § 51 Abs. 1 Nr. 7 SGG expressly assigns the “determination of disabilities and their degree and of other health-related characteristics” to the social courts. And the procedure costs you nothing: § 183 SGG expressly names “persons with disabilities” among those for whom proceedings before the social courts are free of charge.

This freedom from costs changes the balance considerably. Before the administrative court, legal action typically triggers several hundred euros in court fees; here the entire path from the objection to the Sozialgericht costs nothing. A financial risk arises only if you instruct a lawyer to represent you — social associations represent their members in these proceedings.

Last updated28 August 2026
Legal basis§ 51 SGG · § 183 SGG
Verification§ 51 Abs. 1 Nr. 7 SGG · § 183 SGG · §§ 27 and 44 SGB X
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Versorgungsamt, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Deadline for objection (Widerspruch)One monthFrom notification
After that, it is decided byThe Sozialgericht§ 51 Abs. 1 Nr. 7 SGG
CostsNone§ 183 SGG
Required documents

What you need

The official notice (Bescheid) with the date of receipt

Note the date of notification on the notice. The month runs from that date — not from the date on the letter.

A deadline-preserving letter

One sentence is enough: objection against the notice of …, file number …, statement of reasons to follow after access to the file. Everything else can follow later, the deadline cannot.

An application to inspect the file

The decisive step. Only the file shows which individual degree of disability (GdB) values were applied, which medical findings were received and which are missing. Without it you are arguing in the dark — apply for it together with the objection.

Medical findings that were missing from the procedure

Often the error lies not in the assessment but in the fact that a medical finding was never requested at all. Submit the missing documents later, together with the statement of reasons.

Advice from a social welfare association

VdK, SoVD and comparable associations represent their members in objection and legal-action proceedings. Because the procedure is free of charge in any case, the risk lies only in the time involved.

Step by step

How to proceed

  1. 1

    Lodge it to meet the deadline, then request access to the file

    One month from notification. Send the objection immediately and apply for access to the file at the same time — waiting for the file before lodging the objection is the most common avoidable mistake.

  2. 2

    Check what was actually assessed

    The first thing to look at is not the level but the completeness: was every impairment you asserted assessed with an individual degree of disability (GdB)? An overlooked impairment is the most promising approach, because then there is no assessment question to resolve, only a gap.

  3. 3

    Trace how the overall degree of disability (Gesamt-GdB) was formed

    The most important point first, because almost every expectation founders on it: the overall GdB is not a sum. § 152 Abs. 3 SGB IX (Social Code Book IX, Sozialgesetzbuch Neuntes Buch) provides that the degree of disability is determined “according to the effects of the impairments taken as a whole, having regard to their mutual relationships”. Two conditions with an individual GdB of 30 each therefore do not add up to 60. They can produce 40 — and where the two overlap functionally, the result can even remain at 30. What matters is how severely participation is restricted overall, not how many diagnoses are present. In addition, the GdB is graded in steps of ten, and a determination is made at all only from a GdB of 20.

  4. 4

    Describe how your participation is affected — do not just repeat the diagnosis

    Since the sixth amending regulation to the Versorgungsmedizin-Verordnung (Medical Assessment Ordinance, VersMedV), in force since 3 October 2025 and governing procedures in the year 2026, the benchmark has shifted: it is not the diagnosis that decides, but the concrete restriction of participation. For the application, this has a very practical consequence — a list of findings alone no longer carries the same weight. Describe what you can no longer do in everyday life: which distances, which activities, for how long, which aids you need. This is exactly what the assessors now evaluate.

  5. 5

    If the deadline was missed, check the two routes under the SGB X

    If the one-month deadline has passed, the matter is not settled — there are three further routes. First: § 66 Abs. 2 SGG, applicable via § 84 Abs. 2 Satz 3 SGG. If the instructions on legal remedies (Rechtsbehelfsbelehrung) are missing or incorrect, a deadline of one year applies instead of one month. Second, restoration of the status quo ante under § 67 SGG, if you were prevented from meeting the deadline through no fault of your own: the application must be made within one month of the obstacle ceasing to exist, and the objection itself must be lodged within the same period; after one year, this route is closed. And third, independently of this, the request for review under § 44 SGB X: a notice that has become final must be withdrawn if, when it was issued, the law was applied incorrectly or the decision was based on incorrect facts.

Fee information

Costs and payment

What the legal path costs§ 183 SGG
Objection (Widerspruch)Free of charge
Legal action before the social court (Sozialgericht)Free of charge
Basis§ 183 SGG
Your own lawyerNot covered by this
Social welfare associationsRepresentation for members
Deadline for objection (Widerspruch)One month

§ 183 SGG expressly names “persons with disabilities” among those for whom proceedings before the courts of social jurisdiction are free of charge. The entire path from the objection to the Sozialgericht is thus free of court costs — unlike before the administrative court, where legal action typically triggers several hundred euros in court fees.

Good to know

Important notes

One month from notification. Lodge it to meet the deadline and apply for access to the file at the same time — without the file, a GdB notice can hardly be assessed.

The remedy against the notice is an objection (Widerspruch), which must be lodged within one month. If it is unsuccessful, the Sozialgericht (social court) decides — not the administrative court: § 51 Abs. 1 Nr. 7 SGG expressly assigns the “determination of disabilities and their degree and of other health-related characteristics” to the social courts. And the procedure costs you nothing: § 183 SGG expressly names “persons with disabilities” among those for whom proceedings before the social courts are free of charge.

Check completeness first, not the level. An impairment that was not assessed at all is the strongest point to challenge.

The most important point first, because almost every expectation founders on it: the overall GdB is not a sum. § 152 Abs. 3 SGB IX (Social Code Book IX, Sozialgesetzbuch Neuntes Buch) provides that the degree of disability is determined “according to the effects of the impairments taken as a whole, having regard to their mutual relationships”. Two conditions with an individual GdB of 30 each therefore do not add up to 60. They can produce 40 — and where the two overlap functionally, the result can even remain at 30. What matters is how severely participation is restricted overall, not how many diagnoses are present. In addition, the GdB is graded in steps of ten, and a determination is made at all only from a GdB of 20.

If the one-month deadline has passed, the matter is not settled — there are three further routes. First: § 66 Abs. 2 SGG, applicable via § 84 Abs. 2 Satz 3 SGG. If the instructions on legal remedies (Rechtsbehelfsbelehrung) are missing or incorrect, a deadline of one year applies instead of one month. Second, restoration of the status quo ante under § 67 SGG, if you were prevented from meeting the deadline through no fault of your own: the application must be made within one month of the obstacle ceasing to exist, and the objection itself must be lodged within the same period; after one year, this route is closed. And third, independently of this, the request for review under § 44 SGB X: a notice that has become final must be withdrawn if, when it was issued, the law was applied incorrectly or the decision was based on incorrect facts.

Avoid these mistakes

Common mistakes

Waiting for access to the file before lodging the objection. Both should be sent off at the same time.

Only challenging the level of the GdB, without checking whether all impairments were assessed at all.

Arguing by adding up the individual GdB values. The overall GdB is formed according to the combined effect of all impairments.

Not bringing legal action for fear of costs. Under § 183 SGG, the procedure is free of charge for persons with disabilities.

Giving up after the deadline has passed, without checking § 27 SGB X and § 44 SGB X.

Frequently asked questions

Questions and answers

How long do I have to lodge an objection (Widerspruch)?

One month from notification of the notice. Lodge it to meet the deadline, even without a statement of reasons, and apply for access to the file at the same time. Only the administrative file shows which individual degree of disability (GdB) values were applied and which medical findings were evaluated — without this knowledge it is hardly possible to argue with any substance.

What does the legal path cost me?

Nothing in fees. The objection lodged with the Versorgungsamt is free of charge, and for the subsequent legal action § 183 SGG provides that proceedings before the courts of social jurisdiction are free of charge for, among others, “persons with disabilities”. Costs arise only if you instruct a lawyer to represent you; social welfare associations represent their members in these proceedings.

Which court decides?

The Sozialgericht, not the administrative court. § 51 Abs. 1 Nr. 7 SGG expressly assigns to the social courts disputes “concerning the determination of disabilities and their degree and of other health-related characteristics” and disputes concerning the severe disability pass (Ausweis) under § 152 SGB IX.

What should I look at first in the notice?

Completeness. Check whether every impairment you asserted was assessed with its own individual degree of disability (GdB). If one is missing entirely, that is the most promising point to challenge, because then no assessment question is in dispute, only a gap. Only after that is it worth disputing the level of individual values.

Can I argue with the sum of my individual GdB values?

No, and this argument tends to weaken the objection. Under § 152 Abs. 3 SGB IX, the overall GdB is formed according to the effects of the impairments in their totality, taking account of their mutual relationships — not by addition. What does carry weight instead is showing that the impairments do not overlap but affect different areas of life and reinforce each other in their effect.

I missed the deadline. Is it over?

Not necessarily, and there are three further routes. If the instructions on legal remedies (Rechtsbehelfsbelehrung) are missing or incorrect, a deadline of one year applies instead of one month under § 66 Abs. 2 SGG — applicable via § 84 Abs. 2 Satz 3 SGG. If you were prevented from meeting the deadline through no fault of your own, § 67 SGG grants restoration of the status quo ante: the application must be made within one month of the obstacle ceasing to exist, and the objection itself must be lodged within the same period, subject to a one-year limit. And independently of this, § 44 SGB X allows a request for review: a notice that has become final must be withdrawn if, when it was issued, the law was applied incorrectly or the decision was based on incorrect facts.

Related official procedures

First GdB application
The overall GdB is not a sum
Determination from GdB 20
Have your GdB increased
Opens the entire file — downwards too
§ 48 SGB X
Equal status with severely disabled people (Gleichstellung)
For a GdB of 30 or 40 — via the Agentur für Arbeit
Free of charge

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