Is it possible to appeal the decision of MSEK?

The Medical and Social Expert Commission (MSEK) has always played a significant role in Ukraine. First of all, this can be seen through the assignment of the degree of disability to persons with limited physical capabilities, which affects the further level of providing social services and state benefits.

On February 24, 2022, the Russian Federation carried out a full-scale invasion of the territory of our country. Many men stood up for the defense of the Motherland and began to take a direct part in the hostilities.

Unfortunately, among them, some citizens were injured and actually became disabled due to hostilities. And therefore the question of the relevance of providing disability to citizens has become even more necessary at this time.

In this article, we will consider whether it is possible to appeal the decision of the MSEK if it refuses to assign a degree of disability to a person.

What is the procedure for appealing the decision of the MSEC during the period of martial law?

The regulatory and legal acts of Ukraine provide for two possibilities for appealing the decision of the MSEC, namely:

• pre-trial appeal;
• judicial appeal.

If we are talking about a pre-trial appeal, then during martial law this procedure was simplified and to this day, in order to appeal the decision of the commission, you must apply to the commission itself within one month from the moment of the refusal to assign you a disability or illness acquired while serving in the Armed Forces or the Ministry of Internal Affairs. where you submitted the relevant application, or to the central or regional commission.

The application form is a written application. After your application, another re-examination of the person will be conducted, the result of which should be a new decision to grant you the appropriate disability status.

If your case is extraordinary and there is a special difficulty in establishing and granting you the appropriate disability status, then in such cases the central MSEK of the Ministry of Health, the regional, central city commission, and the Ministry of Health can refer citizens for a more expert examination to:

• Ukrainian State Research Institute of Medical and Social Disability Problems (Dnipro);
• Research Institute of Rehabilitation of the Disabled (Vinnytsia).

If, after all, MSEK repeatedly refused to grant you the appropriate disability status, you can appeal its decision to the judicial authorities. Such cases are considered in the order of administrative proceedings.

To do this, you need to write an administrative claim no later than 6 months after you learned about the violation of your right.

Which court should you turn to if your rights have been violated?

Usually, according to the classic scheme of the jurisdiction of administrative cases, the plaintiff applies to the court at the place of his stay (registration) or at the location of the defendant.

If you need to appeal the decision of the MSEC and you do not know all the legal intricacies of this case, contact experienced specialists - the Prykhodko and Partners law firm.

Our team of lawyers has deep knowledge and extensive experience in solving similar situations related to the appeal of decisions of the MSEK, and therefore we will be able to provide professional advice and answer questions that will arise in the process of cooperation. Don't delay and apply!