Inaction lawsuit Jobcenter: when the authority simply does not decide

You have filed an application or an objection. And then nothing happens. Weeks turn into months. No reply, no decision, no reasoning. That is not just annoying — it is in many cases also unlawful. With the inaction lawsuit (Untätigkeitsklage) against the Jobcenter you can force the Jobcenter finally to decide.

The essentials in 30 seconds

• After an application, the Jobcenter may take at most 6 months.
• After an objection, only 3 months.
• Once the deadline expires, you can sue directly at the social court — without a further objection.
• The procedure is free of charge (§ 183 SGG), and legal aid (Prozesskostenhilfe, PKH) is possible.
• Goal: the court obliges the Jobcenter to decide. In practice the authority often decides shortly after the lawsuit is served.

We review your decision within 24 hours. Free and non-binding.

Why does this happen so often?

Jobcenters are overburdened. Staff shortages, high caseloads, complex files. That explains a lot — but justifies nothing. Because your money is your subsistence minimum. Bürgergeld is not a "nice to have", but secures rent, electricity and food.

Typical example: On 15.01.2025 you filed an objection against a KdU decision (housing costs (Kosten der Unterkunft, KdU), i.e. rent and heating). The Jobcenter had cut your actual rent of 540 € to 470 €. You substantiated the objection cleanly, attached evidence. Then: silence. Three months later, on 15.04.2025, you still have no answer. From 16.04.2025 your inaction lawsuit is admissible.

§ 88 SGG (Sozialgerichtsgesetz) was made for exactly such cases. The provision is your lever.

Your rights in concrete terms

1. The deadlines under § 88 SGG

§ 88 SGG distinguishes two cases:

• § 88 Abs. 1 SGG: if you have filed an application (e.g. first Bürgergeld application, continuation grant, additional need (Mehrbedarf)) and the Jobcenter does not decide: 6-month deadline.
• § 88 Abs. 2 SGG: if you have filed an objection and no objection decision arrives: 3-month deadline.

The deadline starts on the day on which your application or objection arrived at the Jobcenter. Tip: always send such documents by registered mail or hand them in personally and have receipt confirmed.

2. No preliminary procedure required

For a normal lawsuit you have to file an objection first. Not for the inaction lawsuit (Untätigkeitsklage). You go directly to the social court. This is expressly stated in the law.

3. Free of charge and PKH-eligible

Under § 183 SGG, social court procedures are free of court costs for you as a benefit recipient. There is no value-of-dispute fee, no advance payment obligation. If you need a lawyer, you can apply for legal aid (Prozesskostenhilfe, PKH). Anyone receiving Bürgergeld almost always meets the economic conditions.

4. What you can sue for — and what not

The inaction lawsuit aims only at the decision. It does not force the Jobcenter to rule in your favour. That means: the court does not examine whether your claim substantively exists. It only examines whether nothing has happened for too long.

That sounds disappointing at first — but in practice it is the right lever. Because as soon as the Jobcenter decides, you can if necessary file an objection or lawsuit again against the content.

5. "Sufficient reason" — the exception

§ 88 SGG allows the Jobcenter more time if there is a sufficient reason (zureichender Grund). That is the usual back door. It is, however, only recognised in genuine exceptions: complicated factual investigation, waiting for an expert opinion, response from another authority. Pure work overload or staff shortage are, according to settled case law, not enough.

Current case law

The courts take the deadlines seriously. The social courts regularly confirm: where there are no substantive reasons for the delay, the inaction lawsuit succeeds — or simply settles itself because the Jobcenter still decides before the court hearing.

In cases of pure overload without concrete reasons for delay, case law almost always tips in favour of the plaintiff. The Jobcenter is obliged to decide; the costs of an engaged lawyer are usually borne by the authority. [URTEIL-REFERENZ]

How to act now

Step 1: Check the deadlines

Look at the date stamp or the date of your application or objection. Have 6 or 3 months passed? Only then is the inaction lawsuit admissible. Anyone who sues too early will have the lawsuit dismissed — without cost reimbursement for the lawyer.

Step 2: Send another written reminder (optional)

Not mandatory, but often helpful: a final brief reminder to the Jobcenter. One sentence is enough.

"Dear Sir/Madam, I request a decision on my objection of 15.01.2025 within two weeks. Otherwise I will file an inaction lawsuit under § 88 SGG."

Sometimes that already does the trick. But it is not a legal prerequisite.

Step 3: File the lawsuit at the social court

Competent is the social court in whose district you live. You can file the lawsuit:

• in writing by post,
• for the record directly at the legal application office of the court,
• electronically via beA (if a lawyer) or via the citizen portal.

Content of the lawsuit: your name, the authority (Jobcenter X), the date of the application/objection and the request to oblige the Jobcenter to decide.

Step 4: Wait for a reaction

As a rule, one of three things now happens:

1. The Jobcenter suddenly decides — often within days of service of the lawsuit.
2. The Jobcenter cites a sufficient reason and asks the court for an extension.
3. The court sets a deadline for decision or obliges the Jobcenter by judgment.

Step 5: Declaration of settlement or judgment

If the Jobcenter decides during the proceedings, you declare the lawsuit settled (erledigt). You do not have to pay a penny. The Jobcenter usually also covers your lawyer's fees.

Avoid these typical mistakes

Suing too early. Anyone who sues after 5 instead of 6 months loses. Count exactly from the date of receipt.

Confusing the inaction lawsuit with a substantive decision. It cannot get you to your money — only to a decision. The path to the money comes afterwards.

Suing without proof of receipt. If you cannot prove when your application or objection arrived, you have a problem. Therefore: always registered mail or receipt confirmation.

Giving in when the Jobcenter says "we are working on it". Such a letter is not a sufficient reason. Do not be fobbed off.

Frequently asked questions

Do I have to take a lawyer?

No. There is no mandatory lawyer requirement before the social court. You can file the lawsuit yourself, also directly at the legal application office of the court. A lawyer often makes things easier — and if you succeed, the Jobcenter usually bears the costs.

What does the inaction lawsuit cost me?

For you as a benefit recipient: nothing. Court costs do not arise because of § 183 SGG. You can finance a lawyer through legal aid if your economic circumstances justify it. As a Bürgergeld recipient, this is almost always the case.

How long does the procedure take?

The first reaction of the court (confirmation of receipt, forwarding to the Jobcenter) usually arrives within a few weeks. In very many cases the Jobcenter then decides within one to two months. A real judgment is rare — most procedures settle themselves beforehand.

Can I also sue if I just wanted information?

No. § 88 SGG only applies to administrative acts — that is, a real decision on an application or objection. There is no such path for mere information requests.

What if the Jobcenter cites a "sufficient reason"?

Then the court examines whether the reason really holds up. Only genuine individual case problems count. Standard excuses such as "many cases" are not enough.

Have your decision reviewed now

An inaction lawsuit is a powerful tool — but it has to be used correctly. Wrongly timed it costs you time; correctly placed it often brings a decision within days.

We review your decision within 24 hours. Free and non-binding.