Attorney
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.
Appealing the conclusion (decision) of the ECOPFO
The decision of the expert team directly affects the establishment of disability, access to social services, as well as the determination of care needs. However, such decisions are not always justified or correspond to the real condition of the person. In case of doubts about the correctness of the conclusion, the person has the legal right to appeal it. Medical lawyers of the Law Firm “Prikhodko and Partners” provide full support in appealing the conclusion (decision) of the ECOPFO, saving you time and nerves.
Grounds for appealing the expert team’s conclusion
The ECOPFO conclusion is subject to appeal if there are grounds to believe that it was adopted in violation of the procedure or does not correspond to the actual state of health or life circumstances of the person.
The most common grounds for this are:
- Incorrect determination of the degree of disability – for example, a person received group 3 instead of 3, despite the presence of serious limitations.
- Errors in determining the causes / time of onset of disability – which affects the provision of benefits or compensation.
- Refusal to prescribe rehabilitation aids – despite medical indications (wheelchairs, orthopedic products, medical devices, etc.).
- Refusal to establish the need for constant care.
- Incorrect determination of the causal connection – for example, in the case of the death of a person due to an occupational disease or injury.
- Unjustified limitation of the period of temporary incapacity for work – when a person still needs treatment, but the 120-day period has already expired.
How to file a complaint against the decision of the expert commission?
The decision of the ECOPFO can be appealed in two ways – administratively and judicially.
- Administrative procedure
The review of complaints is carried out by expert teams of the Assessment Center, which are authorized to review and revise the previous decision.
The complaint must indicate: full name; address of residence; contact details (phone, email); essence of the requirements and their justification; date of filing the complaint.
- The review can be in person / in absentia / remotely.
The expert team has the right to invite the complainant to a repeated medical examination. If the person does not appear for it or refuses without a good reason – the decision being appealed may be canceled.
Based on the results of the review, one of the following decisions is made:
- to leave the previous decision in force;
- to cancel / adopt a new decision based on the results of the re-evaluation.
- Judicial procedure
It is possible to appeal the decision of the ECOPFO through the court if the complaint against this decision has not been previously satisfied in the administrative procedure. It is necessary to apply to the administrative court with a statement of claim, substantiating the illegality or unfoundedness of the expert team’s conclusion.
What is the deadline for appealing the ECOPFO’s conclusion?
A person has 40 days from the date of receipt to appeal the decision in an administrative procedure. If the deadline for filing a complaint was missed for good reason (illness, military service, business trip), a petition for renewal of the deadline can be submitted. Documents confirming the validity of the reasons must be attached to it.
The petition is considered by the Assessment Center within 5 working days, after which, if satisfied, the complaint must be filed within 10 working days from the date of receipt of the notification.
Speaking of the judicial procedure, in this case, the statute of limitations is 6 months if the applicant did not use the pre-trial method of dispute resolution. If he filed a complaint to the ECOPFO, then it is 3 months.
How can we help?
Our company approaches each client individually and is loyal to any format of cooperation. You can order both full legal support and individual services, depending on your needs and situation.
We provide:
- complaints and statements of claim;
- preparation of procedural and evidentiary documents;
- legal advice on the assessment and appeal procedure;
- full representation in court and before the Assessment Center.
Although some stages can be completed independently, we strongly recommend engaging a lawyer, especially in cases of judicial appeal.
Do you want to order a consultation on appealing the decision of the expert team? Leave a request on the website – and our lawyer will contact you!
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Do you need to appeal a disability decision?
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Are you located in Kyiv or Kyiv region?
What to do if I am not in Kyiv?
Medical law covers a very wide range of services, and most of them can be provided remotely – with modern technologies, this is not only possible but also more convenient and efficient. Even court sessions are not an obstacle – we participate in them online.
At the same time, it is possible for a lawyer to travel outside Kyiv and the region to provide certain services.
Contact and clarify information by phone!
How can I get a disability group?
In order to understand whether you can receive a disability group, a lawyer studies your medical documents in detail, consults with specialist doctors, and then concludes whether you have grounds for registering a disability and which group.
If there are grounds, the lawyer gives comprehensive advice on what and how to do to maximize the chances of receiving a positive opinion of the medical board.
If necessary, the lawyer provides full support.
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