The MМC made an incorrect diagnosis. What to do?

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Sakharuk Anatolii

Lawyer

Ukraine / Kyiv

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Publication date: 11.09.2024

The MМC made an incorrect diagnosis. What to do?

If you believe that the Military Medical Commission (MMC) has incorrectly determined your diagnosis, it is important to know what steps to take to remedy the situation. In this article, we will look at how to act in such a situation, what documents to prepare and how to get legal support.

The importance of a correct diagnosis

A correct diagnosis is critical to determining your fitness for military service and ensuring that you receive the medical care you need. An incorrect diagnosis may result in an inappropriate fitness for service determination or deprive you of necessary medical care.

Steps to take in case of an incorrect diagnosis by the MМC

1. Obtaining a copy of the decision of the MМC. Make sure that you have an official copy of the decision, which indicates the diagnosis and the decision of the commission.
2. Consult with independent medical specialists. Consult doctors who can provide an alternative medical opinion or confirm your condition.
3. Prepare an appeal. Based on an independent medical opinion, prepare an appeal against the decision of the MMC, pointing out errors and providing new evidence.
4. Lodging an appeal to a higher MМC. You have the right to appeal the decision by filing an appeal to a higher ILC, which will review your case.
5. Appealing the decision in court. If you do not agree with the decision of the higher MMC, you can go to court to appeal it.

When do I need to undergo a medical examination?

Repeated medical examinations of military reservists of the 1st (up to 35 years old) and 2nd (up to 60 years old) categories, who were previously recognized as fit or partially fit in peacetime for health reasons, are conducted every 5 years. In wartime, a person undergoes a medical examination, even if he or she had undergone it before mobilization and was found fit, as circumstances may have changed during this period.

If a person is temporarily unfit and undergoing treatment, a second examination can take place in 2-6 months.

If a person is unfit for military service, the second examination takes place in 6-12 months.

Important aspects of appealing an incorrect diagnosis

• Appealing a diagnosis must take place within a certain timeframe, so it is important to act quickly and collect all the necessary documents.
• Legal advice can help you prepare your appeal and collect evidence to support your position.
• Legal advice can provide legal support during the appeal process and help you avoid mistakes.
• A lawyer's consultation can help you understand the rights and options you have in the appeal process.

Why should you contact us?

Legal advice We provide a legal review of documents by a lawyer and provide a full legal analysis of documents for maximum accuracy. A legal consultation on appealing the decision of the SLC will help you understand all the details.

Our clients receive a professional legal opinion from a lawyer and a detailed legal analysis of the situation. Legal assistance ensures reliability and confidence in your decisions.

Additionally, we offer the following services: legal advice and written advice, including the possibility to contact a lawyer online or a lawyer online. An online legal consultation allows you to get help at any time convenient for you.

Thanks to our team, everyone receives a comprehensive legal analysis and a reasoned legal opinion. Consultation helps to avoid misunderstandings and conflicts.

Risks and mistakes when appealing an incorrect diagnosis

Appealing an incorrect diagnosis may be accompanied by risks, such as insufficient preparation of documents or lack of clear evidence. Legal advice can help you avoid such situations and ensure that your case is considered fairly.Immediately after receiving a call-up, a person liable for military service must come to the territorial center for recruitment and social support and provide all the necessary data and documents. If a person has no grounds for postponement of military service, he or she will be issued a call to undergo a military qualification commission.

In order to appeal the decision of the MМC in a pre-trial procedure, you need to

1. submit an application for review of the commission's decision to a higher-level HQC, necessarily stating the reason for the review;
2. the application must be accompanied by all the documents provided by the MМC whose decision is being appealed;
3. you should provide the recorded results of previous medical examinations.

To appeal the commission's decision in court, you need to

File a statement of claim with the district administrative court - this may be the court at the place of residence or at the location of the ILC whose decision is being appealed the court procedure can be used immediately without resorting to the pre-trial procedure.Lawyer in Ukraine, lawyer in Kyiv or a lawyer online can easily solve your problem with written consultation with document analysis.

Typical mistakes made by our clients

• Underestimating the importance of legal advice before starting the appeal process.
• Incorrect execution of documents, which may lead to a refusal to consider the complaint.
• Lack of clear evidence to support your position.
• Ignoring a consultation with a lawyer when preparing for the process.

Tips for quickly resolving issues related to challenging an incorrect diagnosis

• Consult a lawyer to get a professional opinion and advice to help you avoid mistakes.
• Ensure that you collect all the necessary documents and evidence to support your position.
• Remember that legal advice can help you find the best solution for your situation.

Frequently asked questions