Appealing the decision of the Medical Advisory Commission

In the process of establishing disability, an important role is played by the Medical Advisory Commission (MAC), which makes a decision on assigning a person the status of a disabled person. However, these decisions are not always justified or fair.

If you are faced with a situation where you are not satisfied with the decision of the LRC, it is important to know that you have the right to challenge it. If you want to appeal the decision of the MAC, please contact Prikhodko and Partners for legal support, whose lawyers have the ne

How to appeal a decision of the MAC?

The decision of the Medical Advisory Commission can be appealed in two ways:

1. Pre-trial appeal procedure
2. Judicial appeal procedure

The pre-trial procedure for appealing a decision is carried out by writing a written statement to the commission that issued the decision or to the central/regional commission. The application should indicate the re-inspection and the adoption of a new decision by the MAC.

If this decision is not satisfactory, it must be appealed to the Central MSEC of the Ministry of Health of Ukraine. The person is sent for re-examination, after which an advisory conclusion is drawn up, recommending the adoption of the MAC and MSEC.

Also, if a person believes that his rights are being violated during the MAC examination, he can contact the hotline of the Ministry of Health of Ukraine: 0 (800) 60-20-19.

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The judicial appeal procedure is carried out through an administrative court. A statement of claim to the court to appeal the decision of the MAC must be filed no later than six months from the moment the plaintiff learned or should have known this decision.

Important! According to Article 193 of the Code of Administrative Proceedings of Ukraine, if the legislation provides for the option of pre-trial settlement of the situation and the person has exercised this right, the period for filing a statement of claim is three months from the moment the plaintiff learned or should have learned about this decision.

Recommendations for appealing a decision of the MAC

• Ask for an official copy of the decision and minutes of the MAC meeting so that you have a full understanding of the basis for their decision.
• Find out what the deadlines are for filing an appeal.
• Collect all medical documents confirming your health condition.
• These may be the conclusions of other doctors, the results of tests and studies.
• Get advice from an independent doctor, because their opinion can be important evidence in appealing the decision of the MAC.
• Write a statement clearly stating your arguments. Include copies of all relevant documents and medical expert reports.
• Check the status of your case regularly.

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Legal assistance in appealing the decision of the MAC

The law firm “Prikhodko and Partners” can provide comprehensive legal support in the process of appealing the decision of the medical advisory commission:

1. Consult and assess the situation to determine the prospects for appealing the decision.
2. Analyze the decision of the MAC, medical documentation and other documents to determine the legal grounds for the appeal.
3. Compose a written statement containing all the necessary arguments and links to legal acts confirming your position.
4. Represent your interests in higher authorities to which the appeal is filed.
5. If necessary, represent your interests in court, including preparing a statement of claim and other procedural documents.
6. Provide full legal support at all stages of appeal, including preparation and submission of necessary documents, and participation in meetings and court hearings.

Don’t delay and contact the medical lawyers of Prikhodko and Partners! For preliminary consultation on appealing the decision of the MAC, leave a request below.