Publication date: 22.10.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
MSEK (Medical and Social Expert Commission) is a state medical institution that is engaged in determining the degree of limitation of working capacity and establishing disability in people. The main function of the MSEK is to carry out a medical examination and assessment of the state of health of citizens with persistent disorders of the body's functions.
The main tasks of MSEK:
- Determining disability: based on medical examinations and documents, the commission makes a decision to establish a disability group (I, II or III group) or to recognize a person as temporarily or permanently disabled.
- Development of recommendations: MSEK provides recommendations on treatment, rehabilitation and employment of persons with disabilities.
- Establishing a link between illness and working conditions: This is important for those whose illness or injury is work-related.
- Revision of disability groups: the commission can review and change the disability group or its status depending on changes in a person's health.
MSEK plays an important role in the social protection of persons with disabilities, as it is based on their decisions that rights to social payments, benefits and other forms of state assistance are determined.
The procedure for issuing documents through the MSEK (Medical and Social Expert Commission) consists of several stages:
- Preparation of documents: referral to MSEK from a doctor or medical institution, medical card, extracts from medical history, specialists' conclusions and results of diagnostic examinations, documents confirming the identity (passport, identification code), other documents that may be necessary depending on the specific situation (orders or court decisions, etc.).
- Submitting documents: applying to the MSEK with a prepared package of documents, filling out an application for passing the MSEK.
- Passing the commission: after submitting the documents, the date of the commission is set, the person undergoes an examination and an interview with the members of the commission, it determines the degree of limitation of working capacity and establishes the appropriate disability group (if there are grounds).
- Obtaining a decision: after the commission, the person receives a conclusion of the MSEK, which indicates the established group of disability, its validity period and recommendations for work or rehabilitation. If the decision is made in favor of establishing a disability, a certificate of a disabled person is issue a discharge from the Armed Forces due to health conditions.
Question
Is it possible to appeal the decision of MSEK in case of disagreement?
Answer
In case of disagreement with the decision of the MSEC, a person can appeal it in the prescribed manner by submitting a complaint to a higher level of the MSEC or a court. The procedure may vary depending on the complexity of the case and the specifics of the examinations. Appealing the decision of the MSEK (Medical and Social Expert Commission) to the court may be necessary in cases where a person does not agree with the commission's decision on establishing or changing the disability group, recognizing its capacity for work or other conclusions.
The procedure for appealing a decision of the MSEK to the court:
- Appeal to the higher instance of the MSEK: before going to court, a person can submit an application to the regional or central (republican) MSEK for review of the decision. In this application, it is necessary to indicate disagreement with the decision, the reasons for such an appeal and add all medical documents confirming the state of health. The higher level of the MSEC can review the previous decision or confirm it.
- Preparation of a statement of claim to the court: if the appeal to the higher instance of MSEK did not lead to the desired result, the next step is to appeal to the court. To do this, it is necessary to prepare a statement of claim, which indicates: personal data of the plaintiff (name, address, contact information), data of the MSEC, whose decision is being appealed, a description of the circumstances and reasons for disagreement with the decision of the MSEC (for example, medical documents not taken into account, incorrectly conducted examinations, etc. ). Request to the court to review the decision and make a new one.
- Collection of medical documents and evidence: it is necessary to collect all medical documents confirming the state of health, in particular the results of tests, doctors' conclusions, examination results. If possible, the opinions of independent medical experts or specialists can be involved.
- Filing a claim in court: a claim statement with attached documents is submitted to the administrative court at the location of the MSEK or at the place of residence of the plaintiff. After the application is submitted, the court considers the case within the terms established by law.
- Consideration of the case in court: the court examines the submitted documents, listens to the parties and may appoint a medical examination to verify the validity of the decision of the MSEK. After considering the case, the court makes a decision, which can both confirm and cancel the decision of the MSEK or oblige to hold a new trial.
In order to be discharged from the Armed Forces due to the state of health, it is necessary to go through certain stages, including a medical examination by the MSEK (Medical and Social Expert Commission). Legal support can help to properly organize the process and collect all the necessary documents and Apply for dismissal from the Armed Forces due to disability.
Stages of dismissal from the Armed Forces, how to issue dismissal from the Armed Forces for disability:
- Preliminary medical examination: first you need to contact the Military Medical Commission (MMC) in your military unit. The VLK will examine you and make a preliminary conclusion about your state of health. If the state of health is a reason for dismissal, the VLK will refer you to the MSEK for further consideration.
- Passing MSEK: the commission evaluates your state of health and determines the level of work capacity. The commission may appoint a disability group or other medical opinion that will allow you to submit a report for dismissal.
- Drawing up a report on dismissal from the armed forces due to health: after receiving the conclusion of the MSEK, prepare a medical discharge report and submit it to the commander of your unit along with medical documents. A lawyer will help you draw up the report correctly and add all the necessary documents to speed up the process, drawing up a report, sample report on dismissal.
- Review of the report by the command: the command of the unit reviews your report and may decide to dismiss based on the conclusion of the MSEC. A lawyer can ensure that your interests are represented in the command to avoid delays or other obstacles.
- Clearance and Payments: Once your report is approved, a severance order is issued and you receive all due payments and compensation.
How can a lawyer from our "Consultant" marketplace help dismissal from the Armed Forces due to disability:
He will prepare all the necessary documents for passing the MSEK and correctly draw up your report on dismissal from the Armed Forces.
Accompanies you during the commission, controlling that the medical conclusions are justified and correspond to the real state of health.
Will appeal the negative decisions of the commission or command, if they are illegal.
It will help with the processing of payments and all appropriate benefits after dismissal.
Issuing a obtain Dismissal from the Armed Forces for disability requires not only medical, but also legal training to avoid delays and ensure the correct processing of documents. Legal support for dismissal from the armed forces at this stage can be useful for proper preparation for the commission and protection of your interests if there are difficulties or contradictions with medical opinions. At this stage, it can be useful to properly prepare for the commission and protect your interests if there are difficulties or contradictions with the medical reports, procedure for dismissal from the Armed Forces due to disability.
Legal assistance can significantly simplify this process, especially if difficulties arise during the passage of the medical commission or when considering the report by the command. Legal assistance from the specialists of the "Consultant" marketplace will help you prepare documents correctly, get clarification on the procedure for dismissal from the Armed Forces of Ukraine and how report on dismissal from military service under contract, report on voluntary dismissal, collect the necessary evidence and provide professional representation in court during discharge from the Armed Forces of Ukraine.
