Changed disability group from 2 to 3

Downgrading a disability group can create significant problems, as it affects the amount of social benefits, such as benefits for the disabled, access to privileges and medical services. In most cases, the decision of the MSEC is based on medical documents, but it can often be unreasonable. For example, even if the health condition has not improved, the group may be downgraded due to insufficient documents or their incorrect interpretation. That is why it is important to know your rights and understand how to act in such a situation.

Steps to take if your disability group is downgraded

To get your previous disability group back or get a fair decision, you need to go through several stages. Each of them requires strict adherence to legal rules.

1. Get a decision from the MSEC. After passing the commission, it is important to get a written decision stating the reasons for the downgrade.
2. Collect additional medical documents. Ask your doctors to provide certificates confirming your health status, examinations and medical history.
3. Submit an application for a review of the decision. The application must be submitted to the regional centre of the MSEC, indicating that you do not agree with the results.
4. Consult independent medical experts. An additional examination will help to obtain objective evidence of your condition.
5. Appeal the decision in court. If the re-examination commission does not change the decision, a lawyer will help you file a lawsuit and represent your interests.

Thus, each of these steps requires careful preparation and legal support to avoid mistakes and speed up the process. Taking these steps in a timely manner will help you restore justice and protect your rights to proper social guarantees: payments, pensions, and benefits.

Possible reasons for downgrading a disability group

There are various reasons why the MSEC may decide to change the disability group. However, not all of them are justified. The most common ones include:

• Incomplete medical documentation. Doctors may incorrectly assess your condition due to the lack of up-to-date examinations.
• Misinterpretation. The commission may incorrectly interpret medical indicators, which leads to an incorrect decision.
• Influence of external factors. Sometimes decisions can be influenced by administrative or budgetary constraints.
• Lack of objective assessment. If the commission does not take into account all aspects of your condition, the decision may be unreasonable.

Understanding these reasons helps you determine what evidence you need to collect to prove your case. A proper analysis of the reasons will help you prepare a well-founded application for reconsideration.

Documents that may be required for an appeal

Collecting documents is one of the key stages in the appeal process. To review the decision of the MSEC, you need to prepare them:

• The decision of the MSEC indicating the reason for the group downgrade.
• Medical certificates and extracts from medical records.
• Results of additional examinations and consultations of independent doctors.
• Evidence of passing previous commissions and receiving a previous disability group.
• Evidence of a deteriorating or stable health condition.

Each of these documents can be an important argument in your case. Preparing a complete package of documents significantly increases the chances of a successful review of the decision.

Important questions about changing the disability group:

Legal assistance from ‘Consultant’:

Assess the validity of the commission's decision.

Prepare an application for review of the decision.

Collect the necessary documents and obtain the opinions of independent experts.

Represent your interests in court proceedings.

Experienced lawyers of the legal service ‘Consultant’ will help you to appeal against the decision to reduce the disability group. Contact us for a free consultation so that we can help you restore your rights and find the best solution to your situation.