Appeals of MSEC - 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 (MSEC) 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 MSEC and the importance of legal support during this process.
Pretrial appeal procedure
A second review is required. To conduct a second examination, you must submit an application to the same Medical and Social Expert Commission (MSEC) where you underwent the first examination, or to the central/regional commission. After submitting the application, a re-examination will be scheduled and a new decision will be made. This process must be completed within one month of receiving the preliminary decision.
If you do not agree with the new decision, you should contact the Central Medical and Social Expert Commission of the Ministry of Health of Ukraine to file a complaint.
In case of complex cases, MSEC 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 survey, 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 MSEC, the re-examination period is automatically extended for the entire period of martial law and for another six months after it ends.
Questions
Which decisions of MSEC can be appealed?
Answer
It is possible to appeal against the decisions of the MSEC regarding the establishment of a disability group, medical reports on the state of health, as well as decisions on refusal to recognize a person as disabled.
Questions
What is the procedure for appealing decisions of the MSEC?
Answer
The procedure for appealing decisions of the MSEC provides for the submission of a written complaint to the higher instance of the MSEC or to the court. In the complaint, it is necessary to indicate the reasons for disagreement with the decision and provide copies of documents confirming your arguments.
Questions
What are the deadlines for filing a complaint?
Answer
A complaint against the decision of the MSEC should be filed within 30 days from the moment of receiving the notification of the decision.
How to choose a lawyer when appealing a decision of the MSEC
When choosing a lawyer, pay attention to the following key points:
- Experience and qualifications - check whether the lawyer has the necessary experience in the field of appeals of the decisions of the MSEC.
- Rating - read customer reviews and successful cases of the lawyer.
- Individual approach - choose a lawyer who is ready to spend enough time on your case and take into account all the features of your situation.
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 (MSEC), 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.
Obtaining 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. The process begins with a pre-trial appeal, where an application must be submitted to the same MSEC 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 (CMSEC) to file a complaint. In difficult cases, the MSEC 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 MSEC. If you do not agree with the received decision of the MSEC, 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. The legal assistance of a lawyer during the appeal of the decision of the MSEC guarantees the effective protection of your rights.
