Appealing a disability decision 2025

Since 2025, new bodies for determining disability have been operating in Ukraine - expert teams of doctors. They have replaced the traditional Medical and Social Expert Commission, which has long been the subject of criticism due to outdated approaches, bureaucracy and corruption risks. Now the decision can be reviewed by submitting the relevant documents. We will discuss how to do this below.

What are the grounds for appealing the decisions of the expert team of doctors on disability?

1. Incorrectly determined disability group - does not correspond to the actual state of health, which is confirmed by medical documents or conclusions of other specialists.
2. Underestimation of the degree of disability. The commission underestimated the severity of the disease or the consequences of the injury, which led to the establishment of a different group.
3. Denial of disability without proper grounds or with a violation of the health assessment procedure.
4. Establishment of a group for an unreasonably short period, when the state of health requires a longer period or permanent disability status.
5. Ignoring or incorrect consideration of medical documents confirming the severity of the disease.
6. Violation of the procedure for conducting an examination, for example, lack of proper examination, refusal of additional examinations, etc.

Administrative appeal procedure

From January 2025, new rules for appealing decisions of medical and social expert commissions came into force, as from now on the Center for the Assessment of the Functional State of a Person (COFSO) plays a key role. This is a new central body responsible for verifying decisions made by MSEC experts. Its functions include:

• Analysis and verification of MSEC decisions.
• Making decisions on approval, cancellation or correction of commission decisions.
• Appointment of repeated examinations for a more objective assessment of the person's health.

A complaint can be filed in two ways:

• in paper form: sent by mail directly to the Center for the Assessment of the Personal Condition.
• electronically: through the doctor who referred the person for the initial examination. The doctor identifies the applicant, checks the documentation, and then starts the appeal process in the electronic system.

It is possible to appeal the decision of the commission within 40 days from the moment of receiving the official extract. In the event that the complainant did not have time to submit the documents on time for good reasons (for example, due to a business trip, serious illness or military service), he has the right to apply to the TsOFSO with a request to renew the deadline. This must be done within 10 working days after the circumstances that prevented the filing of the complaint have ceased. However, the final deadline for renewing the right to appeal should not exceed one year from the date of the decision being appealed.

After the complaint is received by the TsOFSO, its consideration begins the next working day. The procedure itself can take place in one of three formats:

• Іn person - when the complainant is present at the meeting.
• Remotely online - via video link.
• In absentia - on the basis of submitted documents without the physical presence of the applicant.

The CFOSO not only analyzes medical documentation, but also takes into account the complainant's personal explanations, if any are provided.

Requirements for a complaint against a decision on disability

Submitting a complaint against a decision on the assessment of a person’s functional state requires strict adherence to the established requirements. In particular, the complaint must contain specific information and supporting documents.

Basic information that must be provided:

1. Personal data of the complainant: last name, first name and patronymic.
2. Address of residence.
3. Contact information: telephone number and, if possible, e-mail address.
4. Requirements and justification: a detailed explanation of the reasons for disagreement with the decision of the expert team.

The following must be attached to the complaint in the electronic system:

• the decision of the expert team without specifying the name of the medical institution and personal data of the team members;
• an audio or video recording of the hearing, if available;
• electronic copies of documents confirming the powers of the complainant’s authorized representative (if necessary).

Judicial procedure

The decision of the expert teams can also be appealed to the administrative court within 6 months. However, if the applicant has exercised the right to pre-trial settlement of the dispute and this has not yielded any results, the appeal period is 3 months.

The lawsuit is drawn up in accordance with the legislative requirements, with the addition of all available evidence necessary to confirm the situation on which the claim is based.

Important! In connection with the changes, we recommend that you seek advice from a medical lawyer, who will examine your situation in detail and provide further recommendations.

Difficulties in filing an appeal

Appealing the commission's decision is a complex process that has its own characteristics depending on the category of the person (military, child, civilian, etc.) and the reasons for the appeal (incorrect determination of the disability group, refusal to establish disability, underestimation of the degree of disability, etc.).

The main problems that arise include:

1. incorrect package of documents.
2. difficulty of a judicial appeal.
3. incorrect grounds for appeal.

How can we help?

Law Firm "Prykhodko and Partners" specializes in appealing medical documents, so if you need legal assistance, our team will be happy to help. We provide:

• consultations on the necessary documents, procedures and ways to resolve the situation.
• analysis of the case, including medical history, conclusions and medical certificates.
• legal support for filing a complaint with the TsOFSO or administrative court.

The law firm "Prykhodko & Partners" will help you defend your rights and achieve a fair decision regarding disability and the degree of loss of work capacity. Contact us for a preliminary consultation!