Complaint against the decision of the expert team regarding the evaluation result

The decision of the expert team to establish disability or the degree of loss of work capacity has significant legal consequences. However, such conclusions are not always fair or justified. If you believe that the experts' conclusion does not correspond to the actual state of your health, seek help from the lawyers of "Prikhodko and Partners", who will help protect your rights.

Is it possible to appeal the results of the disability assessment?

If you disagree with the decision to establish disability, you have the right to file an appeal. The most frequently appealed are:

• refusal to assign a disability group / incorrect determination thereof;
• incorrect assessment of loss of professional work capacity;
• refusal to recognize the need for care;
• incorrect determination of the cause of death of a person with a disability;
• other controversial decisions of the expert commission.

Ways to appeal the decision of the expert team

• Administrative procedure

Consists in filing a complaint against the actions of the expert team to the Center for the Assessment of the Functional State of a Person. The term for considering the application is no more than thirty days from the date of receipt of the documents.

A disability complaint is filed by the applicant within a period of no more than 40 days from the date of familiarization with the extract of the assessment result.

The format for submitting the document is paper or electronic (through a family doctor).

• Judicial procedure

The second option is usually used in the event that the first is ineffective and consists in filing a claim with the court to cancel the decision of the expert team regarding the assessment result.

In this case, a claim and supporting evidence of the case should be prepared and all documents should be sent to the competent judicial authority within three months. If the person did not use the pre-trial method of resolving the situation, then the statute of limitations is longer - 6 months.

Requirements for a complaint against the decision of the expert team

There are no clear requirements for a complaint, it is drawn up in an arbitrary form, but the following information must be indicated:

1. Name of the applicant - full name and surname of the person filing the complaint.
2. Address of residence / stay - for feedback and identification of the person.
3. Contact details - indicate a current phone number and/or e-mail for prompt communication.
4. The essence of the complaint - a clear formulation of the requirements: for example, a review of the disability group, establishing a different date of disability onset, etc.
5. Justification - a brief statement of the reasons why you consider the commission's decision to be erroneous, with reference to medical or other supporting documents.
6. Date of filing the complaint - records the moment of the appeal and has legal significance.

Recommendations for appealing the assessment result

1. Collect all necessary documents. Prepare medical reports, examination results, medical history extracts and other materials confirming the error or incompleteness of the expert team's decision.
2. Get a written decision / refusal. You definitely need an official document with the conclusion, because it is the basis for filing a complaint.
3. Consult with a specialized doctor. A specialist will help assess whether there are grounds to consider the commission's conclusion unfounded, and will form a medical position for re-examination.
4. Contact a lawyer. Legal advice will help determine which instance to choose for the appeal, how to properly draw up documents and what deadlines should be taken into account.
5. Follow the procedural deadlines. The complaint must be filed within a limited period after receiving the decision - 40 days.

What to do if you missed the deadline for filing a complaint about the decision?

If you did not have time to file a complaint on time for good reasons (business trip, illness, military service), you can contact the Assessment Center with a request to extend the deadline. Documents confirming the reasons for the delay should be attached to it.

The Center considers the request within 5 business days, after which it sends a response by mail or via the electronic system. In case of a positive decision, the complaint must be filed within 10 business days from the date of receipt of the notification.

The complaint can be considered in person, remotely / in absentia. If necessary, a repeat medical examination is scheduled at the institution to which the Center will direct. Refusal or failure to appear without a good reason may result in the cancellation of the decision being appealed.

How can we help?

Law Firm "Prikhodko and Partners" provides comprehensive support in cases of appealing decisions of the expert team on disability issues.

First of all, we recommend that you sign up for a legal consultation and order an analysis of medical documents. Based on your case, the lawyer will provide a clear assessment of the chances of a positive resolution of the dispute and advise on the optimal strategy of action.

Our team offers:

1. professional preparation and preparation of the complaint;
2. submission of documents to the Assessment Center;
3. legal support at all stages of the review, including participation in a repeated medical examination, if necessary.

Don't waste time - contact a medical lawyer of Law Firm "Prikhodko and Partners" to file a complaint against the decision of the expert team today.