Guide · Objection
Objecting to a care level decision: deadline, process, template letter
This guide is about the German statutory long-term care insurance (Pflegeversicherung). German terms are given in brackets so you can recognise them in letters from your care insurance fund (Pflegekasse).
- Deadline: one month from receiving the decision letter (Bescheid). If the letter does not explain how to object (no “Rechtsbehelfsbelehrung”), one year.
- A short objection without reasons meets the deadline. You send the reasons later, once you have the assessment report.
- Objecting is free of charge. Often a new assessment follows.
- If the fund sticks to its decision, you can take the case to the social court (Sozialgericht), usually without court fees.
- According to the draft, decisions on applications from 2027 are based on the new thresholds.
- If the result is just below a threshold, it is especially worth checking the assessment report point by point.
- Care levels are to be time-limited more often. Check whether and why your decision is time-limited.
When an objection is worthwhile
Read the assessment report point by point and compare it with your daily life. Common reasons for an objection: activities were rated as “independent” although help is regularly needed, help at night or behavioural problems are missing, or the score is just below a threshold. Enter the details from the report into the detailed mode of our calculator and check how many points are missing for the next care level.
Calculating the deadline correctly
The deadline starts on the day the decision letter reaches you. If it ends on a weekend or public holiday, it moves to the next working day. If the letter does not say how and by when you can object, you have one year.
How to object
- In writing and signed, sent to the care fund by registered mail with return receipt (Einschreiben mit Rückschein) or by fax with a transmission report. A simple email is not enough.
- Short is enough: one sentence in German saying that you object to the decision and will send the reasons later meets the deadline. Our template letter does this for you.
- Ask for the assessment report if it was not enclosed with the decision.
- Send the reasons later: go through the activities where you think the report is wrong, and back this up with your care diary, doctors' reports or statements from the home care service.
What happens next
The care fund reviews the case, usually with a second assessment based on the file or a new home visit. If it agrees with you, you receive a new decision. If it sticks to its decision, you receive a formal objection decision (Widerspruchsbescheid).
You can then take the case to the social court within one month. There are usually no court fees. You can also have the claim recorded at the court office (Geschäftsstelle), where staff help with the wording. You do not have to have a lawyer.
Objections and the 2027 reform
According to the draft, the care level is assessed under the rules on the day of the application. An objection to a decision on an application from 2026 would therefore, according to the draft, be assessed under the current thresholds, even if it is decided in 2027. If you newly apply for a higher care level in 2027, the new thresholds apply. So consider carefully whether an objection is the better route.
Sources
- German Social Code Book XI (SGB XI): Section 14 (definition of care need), Sections 18, 18a, 18c (assessment, decision deadline, extra payment), Section 33 (eligibility), Sections 7a/7b (care advice)
- Verbraucherzentrale NRW (consumer advice centre): objecting to a care level decision (as of 29 Apr 2025)
- Verbraucherzentrale: assessment by telephone (as of 2 Oct 2026)
- Medical Service (Medizinischer Dienst): assessment guidelines (Begutachtungsrichtlinien)
- Government draft of the care reform act (Pflegeneuordnungsgesetz), 30 Sept 2026 (application date, suspension of the decision deadline January to April 2027)
Frequently asked questions
How long do I have to object?
One month from receiving the decision letter. If it does not explain how to object, one year.
Do I have to give reasons straight away?
No. A short objection meets the deadline. You can send the reasons once you have the assessment report.
Can the care level go down because of an objection?
This is legally possible but rare. Read the report carefully first and check with the calculator whether the care level really is too low.
What does a case at the social court cost?
Insured people usually pay no court fees. A lawyer is not required; if you win, the care fund usually pays their fees.