Iryna An

Attorney

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Medical lawyer. Specializes in protecting the rights of doctors and patients, handling medical malpractice and liability cases, supporting disability determination and appeals procedures, and providing legal analysis of medical documentation.

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Case: They appealed the decision of the ECOPFO (TSOPFO) to cancel disability through the court

Medical law
Reading time: 2 min.

Service: Appeal of the ECOPFO Conclusion

Client’s Situation

Within the framework of this case, an individual whose rights were violated as a result of a decision adopted by the Center for the Assessment of Daily Functioning of a Person applied to the law firm. This decision effectively nullified the previous decision of the commission. The problem lay not only in the content of the act itself, but also in the manner of its adoption: the contested examination was conducted in the absence of the person, without their participation and without proper notification of the date, time, and place of such examination.

The client was not informed about the repeated examination, did not have the opportunity to provide explanations, documents, or exercise other procedural rights, which constitutes a material violation of the established procedure.

What did we do?

The new MSEC act created negative legal consequences for the individual and canceled the validity of the previous act, which had been adopted earlier and on the basis of which the relevant rights had already arisen and a pension had been paid. In view of this, a judicial method of protection was chosen with claims to recognize the new examination act as unlawful and to cancel it, as well as to restore the validity of the previous decision of the commission.

During the preparation of the legal position, the main emphasis was placed on the violation of the procedure for conducting the medical and social examination, the absence of proper notification of the person, and the impossibility of their participation in the decision-making process, which contradicts the basic principles of administrative procedure and deprives such a decision of legitimacy. The court was proven that under such circumstances the examination act cannot be considered lawful, regardless of its formal execution.

Result

The court agreed with the arguments of the claimant and concluded that the contested examination act, adopted without the participation of the person and without notifying them, was unlawful. As a result, the court satisfied the claims, canceled the disputed MSEC act, and effectively restored the legal status that existed prior to its adoption.

Photo confirmation of the result

This case is indicative from a practical standpoint, as it confirms that even in medical and social matters, compliance with procedure and the individual’s right to participate in the decision-making process are of key importance. An examination conducted “in absentia” and without notification may be successfully challenged in court, and the violated rights may be restored.

If you need to appeal a decision on the cancellation of disability status, please leave a request on our website — and our lawyer will contact you.

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