Access to your file and representation

You may be able to inspect the administrative file if doing so is necessary to protect your legal interests. File access can help you understand what information the office relied on and identify errors. You can also authorize a representative to act for you, subject to the applicable rules.

What does this mean for me?

Section 25 SGB X governs access to files in administrative proceedings. Access may be limited to protect public or third-party interests, confidential information, or special medical information; the authority may use specific procedures for medical records. Copies may be available and may cost money. Under section 13 SGB X, a person can generally appoint a representative or adviser, but proof of authority may be requested.

The exclusion of draft decisions and work directly preparing them applies until the administrative procedure ends. Legitimate confidentiality interests of parties or third persons can also limit access.

What can I do now?

  1. 1.1

    Ask the responsible office in writing to inspect the file and explain your legal interest.

  2. 2.2

    Specify whether you need particular records or copies, and ask about possible charges.

  3. 3.3

    If appointing someone, provide written authorization and agree how the office should contact them.

An example

Access to your file and representation

A claimant wants to know which income records informed a decision. They request file access and authorize a trusted adviser. The office considers access and confidentiality rules before arranging inspection.

Scope and support

General orientation in German social law, not individual legal advice or a guarantee. Check the decision, remedy instructions and special rules. The office or court decides each case. BAföG uses administrative courts; social-court rules do not automatically apply. A lawyer may charge fees; legal aid may be available subject to conditions.

Your rights in German social lawRequest for access to a social-benefit fileCourts, costs and legal aid

Sources