Appeal against the decision of the Medical and social expert commission

During active hostilities in Ukraine, a large number of citizens constantly receive physical injuries or injuries as a result of shelling of their homes, the psyche of people also suffers from the received negativity, which directly changes the moral condition of Ukrainians.

At the general level, it affects that factor, that the number of persons, who want to establish the disability of various groups is only growing.

However, in practice, it also means, which also increase in the number of refusals to citizens to establish disability, which shows the relevance of the chosen topic for today.

Therefore, in this informative article, we will talk about the features of filing an appeal against the decision of the Medical and Social Expert Commission.

What are the peculiarities of filing an appeal against a decision of the Medical and Social Expert Commission during martial law in Ukraine?

Usually, in practice, there are two possible ways of challenging the decision of the Medical and Social Expert Commission, namely:

• without a personal appeal to the judicial authorities(pre-trial procedure);
• with an appeal to the judicial authorities in person or through his legal representative(judicial procedure).

The appeal mechanism will depend on the chosen method.

Regarding the pre-trial procedure, it is worth noting the following. So, if the citizen does not agree with the decision of the Medical and Social Expert Commission and considers it unfounded, in such a case, he has the right to challenge it within one month by submitting a written complaint to the commission, that made this decision or to the central or regional commission.

After submitting a written complaint, the Medical and Social Expert Commission is obliged to conduct a second examination of the person to establish various mental disorders, limiting the general level of a citizen’s life activity, and, if there are grounds, establishing a citizen’s disability.

However, even during a re-examination, the conclusion of the Medical and Social Expert Commission may not change and the person will be denied disability. In such a situation, to appeal this decision, you need to contact the Central MSEC of the Ministry of Health of Ukraine.

Pay attention! In practice, there are difficult cases, when the Medical and social expert commissionis not have sufficient competence in establishing the degree of disability due to the presence of serious diseases, which are quite rare(Scumin’s syndrome, Lyme disease, etc), and therefore they can refer such persons to qualified institutions for examination, namely: DU”UKRDERZHNDIMSPI Ministry of Health of Ukraine” and Scientifically-Research Institute of Rehabilitation of the Disabled named Pirogov.

After the relevant examination, these institutions provide advisory conclusions, which must be taken into account by the Medical and Social Expert Commission when making the final decision to establish disability for citizens.

If the citizen has used all pre-trial methods of protecting his rights in practice to challenge the decision of the Medical and Social Expert Commission and they were not effective, you need to contact the judicial authorities.

The deadline for submitting a written complaint is 6 months from the moment when a citizen learns about the violation of his legal rights to establish the appropriate degree of disability.

This term can be shortened to 3 months in case if the person has previously used the pre-trial option of appealing the decision of the Medical and Social Expert Commission, and then it will be calculated from the moment of receipt of the relevant refusal decision.

If you still have questions about, how to file an appeal against the decision of the Medical and Social Expert Commission, in such a situation, one cannot do without the help of qualified lawyers-law office “Prikhodko and partners”.

Our team has experienced specialists, who are well versed in the practical knowledge of appealing decisions of the Medical and Social Expert Commission, and therefore will be able to provide the company’s clients with appropriate legal support, during consultations.

The company’s lawyers will additionally explain the specifics of pre-trial proceedings, as well as a court appeal against the decision of the Medical and social expert commission. So don’t delay and contact us!