Appeals of MSEK - legal support
Getting a disability during the martial law in Ukraine became an urgent problem due to the large number of citizens who were injured in the war zone. If you believe that the decision of the Medical and Social Expert Commission (MSEK) is not legal, you can appeal it. The first step is an appeal in the pre-trial procedure, if you still do not agree with the result - you need to go to court. In this article, we will look at the process of appealing a decision of the SCEC and the importance of legal support during this process.
Pretrial appeal procedure
The first step
A second review is required. To conduct a second examination, you must submit an application to the same Medical and Social Expert Commission (MSEK) where you underwent the first examination, or to the central/regional commission. After the application is submitted, a re-examination will be scheduled and a new decision will be issued. This process must be completed within one month of receiving the preliminary decision.
Second step
If you do not agree with the new decision, you should contact the Central Medical and Social Expert Commission (Central MSEK) of the Ministry of Health of Ukraine to file a complaint.
The third step
In case of complex cases, MSEK can refer you to a medical and social expert examination at the clinic of the Ukrainian State Research Institute of Medical and Social Problems of Disability in the city of Dnipro or the Research Institute of Rehabilitation of the Disabled in the city of Vinnytsia . After the examination, these institutions draw up advisory conclusions, which are recommendations for the commission.
Court appeal procedure
If you believe that the received decision of the MSEC is illegal, you have the right to appeal it in the administrative court at your place of residence or at the location of the MSEC. The deadline for submitting a complaint to the court is no later than six months from the date of receipt of the decision.
If you or your child with a disability cannot pass a re-examination and receive a referral to the MSEK, the re-examination period is automatically extended for the entire period of martial law and for another six months after its ending.
Legal support of a lawyer during the appeal of the decision of the MSEC
During the appeal of the decision of the Medical and Social Expert Commission (MSEK), the legal support of a lawyer plays an important role in ensuring the effective protection of your rights. The lawyer provides advice on all aspects of the legal procedure, in particular, conducts a legal analysis of the legality and validity of the decision of the MSEC. He prepares the necessary legal documents for filing a complaint with the administrative court, provides representation in court hearings and ensures legal protection of your right to an adequate medical evaluation.
Legal support also includes drawing up a legal opinion and taking all necessary legal actions to achieve a positive result in the legal process. Statement of claim on appeal of the decision of the MSEC, appeal of the decision of the MSEC to the court, appeal of the results of the MSEC, appeal of the conclusions of the MSEC.
Obtaining disability during martial law in Ukraine became an urgent problem due to the large number of citizens who were injured in the war zone. The process begins with a pre-trial appeal, where an application must be submitted to the same MSEK or to the central/regional commission for a re-examination. If, after this process, you still disagree with the decision, you can appeal to the Central Medical and Social Expert Commission (CMCEC) to file a complaint. In difficult cases, the MSEK can refer you to the relevant clinics for a medical and social expert examination. After the examination, these institutions draw up advisory conclusions, which are taken into account by the MSEK. If you do not agree with the received decision of the MSEK, you have the right to appeal it in the administrative court at your place of residence or at the location of the MSEK. The deadline for submitting a complaint to the court is no later than six months from the date of receipt of the decision. The legal assistance of a lawyer during the appeal of the decision of the MSEK guarantees the effective protection of your rights.
