How do you prove before the Social Security Administration that you are self-employed?

14 April 2026

How do you prove before the Social Security Administration that you are self-employed?

For many entrepreneurs, the recognition by the Social Insurance Institution that a given business activity is fictitious or bogus is the beginning of a gruelling battle for the right to be subject to social insurance. Although the control procedure should serve to verify the facts, in practice it often becomes a complicated obstacle course for the citizen, in which he or she has to fend off allegations made by ZUS officials. There is no doubt that most of the difficulties in disputes with the Social Insurance Institution stem not from a lack of evidence of work, but from unfamiliarity with the specific evidence procedures and the principles that guide the authority in assessing the reality of the activity. It is therefore worth learning about the path that usually starts with an inspection at the Social Insurance Institution and only finds its finale before the labour and social insurance court.

Does setting up a business mean running it?

At the outset, it is important to clarify a key issue that is often confused by people running their own business: the mere registration of a business in the CEIDG is not the same as actually running it within the meaning of social insurance regulations. It is important to be aware that, for ZUS, the formal entry in the register is of secondary importance compared to the actual performance of gainful activities. While the entrepreneur focuses on the market aspects, the Social Insurance Institution only assesses whether the activity has not been organised solely for the purpose of obtaining high benefits, e.g. maternity or sickness benefits. The Social Insurance Institution verifies the functioning of the company in everyday life by examining whether the entrepreneur actually takes economic risks and whether his or her activities are continuous and gainful in nature. Although paying contributions and having a TIN number are important, they are not a substitute for evidence of the real provision of services or sale of goods.

Investigation before ZUS

Every business challenge case has its beginning in an investigation or inspection carried out by the branch of the Social Security Administration (ZUS) competent for the company's headquarters. It is at this stage that documentation is gathered to confirm or deny the reality of the business activity. Many people make the mistake of treating explanations before an inspector as routine, whereas the Social Security Administration relies primarily on the material evidence presented, such as:

• textures,
• contracts 
• correspondence with clients.

If the history of business operations is incomplete or lacks evidence of the execution of specific orders, even an actually existing company may be considered a sham title to insurance.

An important aspect at this stage is to keep an eye on the deadlines set by the authority for the submission of documents. Disregarding a request for clarification may result in a decision based solely on the presumptions of officials, which usually leads to exclusion from social security. Already at this initial stage, it is worth ensuring that the description of daily work activities accurately reflects the nature of the work and the relationship with the contractors, which is the foundation for further defence against the charge of sham.

Exclusion decision and appeal procedure

When you receive a decision from the ZUS that you are not subject to social insurance, which does not recognise your period of activity - which entails, for example, a refusal to pay benefits - the statutory window for filing an appeal opens. The letter is formally addressed to the Regional Court, but is submitted through the branch of the Social Insurance Institution that issued the contested decision. This procedure gives the authority the opportunity to carry out a self-control and possibly change its position even before the file is forwarded to the court. It should be borne in mind that the appeal may concern not only the fact of running a company, but also the date of its commencement or the declared contribution assessment basis.

How do I appeal a Social Security decision?

Effective appeal against a decision ZUS should include, first of all, a precise identification of the decision with which we disagree and an indication of the specific demand. In the justification of such a letter, it is important to describe in detail the business model of the business and to point out the evidence that has been ignored or misjudged by the office. It is worth including any new documentation in the file at this stage, such as:

• telephone records,
• calendar printouts,
• photos of the execution of orders
• confirmations of transfers that emerged or were found after the audit.

The appeal can be lodged in person at the Social Security office or sent by registered mail, remembering to absolutely keep the proof of postage, which is proof that the deadline has been met.

Already at this stage, it is worth taking care of professional preparation of the appeal, as an unfavourable decision of the Social Insurance Institution only contains a preliminary position, which is subject to later verification by the labour and social insurance court. A professionally formulated letter allows you to avoid procedural errors which are sometimes irreparable at later stages. By entrusting our law firm with the preparation of the appeal, you gain a guarantee that the specifics of the company's operation will be presented in a clear and factual manner, which will prevent the Social Insurance Institution from further undermining it.

Dispute before the Labour and Social Security Court

If ZUS does not change its mind through self-control, the case goes to the District Court. Moving the dispute to court changes the position of the entrepreneur dramatically. In court proceedings, we cease to be merely the weaker party in the relationship with the authority and become a full-fledged participant in the proceedings.

During court proceedings, the principle of free evaluation of evidence plays a key role. The court examines not only documents, but often interviews customers, suppliers or co-workers to verify whether the business actually existed in business. A key right of a party is to be able to ask questions and point out inconsistencies in the Social Security Administration's arguments. It is before the court that it is most often successful in demonstrating that a lack of profit in the initial phase of the business or an illness shortly after the registration of the company are not evidence of its apparent existence, but are the result of the normal risks of running a business.

Professional support in a dispute with ZUS

Fighting an allegation of bogus business activity on one's own can be difficult, as mere explanations by the entrepreneur are often not enough for officials. Even inaccurate explanations or the lack of a relevant document already at the stage of a ZUS check may result in an unfavourable decision.

Your ZUS lawyer

Instead of risking the loss of insurance and benefits, it is worth acting according to a well-thought-out strategy from the beginning. Our law firm helps to gather evidence, prepares substantive appeals against decisions of the Social Insurance Institution, and represents entrepreneurs before the Social Insurance Institution and the courts.

More information can be found under Disputes with ZUS.

If the Social Security Administration questions your business, we invite you to contact - We will analyse your situation and help you defend your rights.