Questão jurídica principal
Whether the written opposition to the pension decision was filed within the statutory 30-day period
Decisão extraída
No. The appellant knew of the decision by 2005-01-27 at the latest, so the opposition period expired by 2005-02-28 at the latest; the written opposition of 2005-10-21 was late.
Fundamentação extraída
Under Art. 52(1) LPGA, opposition must be filed within 30 days. Oral opposition is possible only in the form provided by Art. 10(3)-(4) OPGA, i.e. a recorded and signed protocol. A mere phone call does not satisfy these requirements. No restitution ground was invoked.