Publication date: 25.12.2024
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Pensions for military invalids
Military service always involves risks to health and life. While defending the homeland, servicemen and women may suffer injuries or diseases that lead to disability. In such cases, the state guarantees social protection, including a military disability pension. Military pensions are granted to persons who are eligible for retirement, disability or survivor's pensions in accordance with the law and based on medical reports and service in the Armed Forces.
Question
What legislative acts regulate disability pensions for military personnel?
Answer
The process is regulated by the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” and other regulations.
Question
Who is entitled to a military disability pension?
Answer
Servicemen and women who became disabled in the line of duty are entitled to a pension.
Question
How is the amount of a military disability pension determined?
Answer
The amount depends on the degree of disability, military rank and length of service.
To apply for a pension, you need to submit a medical report, a military ID card, an application for a pension and a certificate of the circumstances of the disability. If you are denied a pension, you can appeal this decision in administrative or judicial proceedings.
The amount of the military disability pension depends on the disability group and the reasons for its occurrence.
To receive a pension, you must provide documentary evidence of the connection between the disability and military servic e.
Servicemen and women may seek legal assistance to appeal a refusal or to clarify the nuances of the law.
Military pensions are granted to servicemen and other persons entitled to retirement, disability or survivor's pensions in accordance with the law and medical reports.
The right to a military disability pension is granted to persons who have been wounded, injured or illnessed in the line of duty and who have become disabled. This right is enshrined in Article 18 of the Law of Ukraine “On Pensions for Persons Discharged from Military Service and Certain Other Persons”.
Here are the basic conditions for receiving a pension:
- Disability pensions are granted if the disability occurred during service or no later than three months after discharge from service.
If the disability occurred later than three months, but as a result of an illness, injury or wound sustained during service or captivity, a pension is also granted.
- The pension is granted if the captivity or hostage-taking was not voluntary and the person did not commit a crime against peace and humanity while in captivity.
Disability pension amounts for servicemen and women
The amounts of disability pensions for servicemen and women and persons entitled to a pension are determined as follows:
For persons with disabilities caused by war:
- Group I - 100% of financial support;
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Group II - 80% of the financial support;
Group III - 60% of the allowance.
For other persons with disabilities:
- Group I - 70% of financial support;
Group II - 60% of cash benefits;
- Group III - 40% of the allowance.
The minimum military pension is determined on the basis of legislative norms and depends on the disability group, length of service and other factors affecting the amount of payments. For persons with disabilities who are senior soldiers, sergeants and non-commissioned officers in regular service, the pension is 110% of their financial support, and for officers and other categories specified in the law, the pension is 120% of their financial support.
Disability pensions for military personnel are granted on the basis of the opinion of the Medical and Social Expert Commission (MSEC), which determines the disability group and assesses the degree of health impairment and the person's ability to provide for themselves.
In case of refusal to grant a disability pension, a serviceman can:
- File an appeal to a higher body of the Pension Fund.
- Appeal the decision in court at the place of residence or registration.
- Get support from lawyers of the Consultant service at all stages of the appeal process.
Services of lawyers of the “Consultant” service
A pension for military invalids is granted on the basis of medical reports that determine the disability group and its connection with military service. The lawyers of the Consultant service provide comprehensive legal assistance to servicemen who are entitled to a disability pension at all stages of this process, from collecting the necessary documents to appealing against a refusal to grant a pension. Our specialists have extensive experience in the field of military pensions and can ensure that the pension is processed correctly and in a timely manner, which will avoid common mistakes and delays.
- Advice on the right to a disability pension. The first step in the process of obtaining a disability pension is to determine the right to receive it. The lawyers of the Consultant service provide consultations for military personnel to determine their rights to a pension depending on the disability group, the causes of its occurrence (for example, as a result of war or an injury sustained during service), and also find out whether there are grounds for receiving a pension for length of service or disability.
Preparation and collection of documents. One of the key stages of pension application is the preparation and collection of the necessary documents. Lawyers of the Consultant service will help military personnel to collect all the necessary documents. Our specialists will check the accuracy of each document and help you fill out an application to be submitted to the Pension Fund of Ukraine.
Preparation of an application to the Pension Fund. After collecting all the necessary documents, the next step is to submit an application to the territorial office of the Pension Fund of Ukraine. Our lawyers will help you to prepare the application correctly to avoid mistakes that may lead to a delay or denial of pension. They will also advise on the timeframe for reviewing the application and inform clients of possible options in case of delay.
- Appealing against a pension denial. In case of refusal to grant a disability pension, a serviceman has the right to appeal this decision. The lawyers of the Consultant service will provide qualified assistance in appealing the refusal. They will prepare an appeal to a higher authority of the Pension Fund or help you file a lawsuit in court at your place of residence or registration. Our specialists will provide support at all stages of the appeal process, including gathering evidence and drafting legal documents.
- Support in obtaining a military disability pension. The lawyers of the Consultant service will also help servicemen in further obtaining and managing their military disability pension. They will provide advice on changes in legislation that may affect the amount of the pension, as well as help to deal with issues that may arise during the receipt of the pension or its payment.
- Involvement in the military pension process. For military personnel, it is important that the process of obtaining a pension is uninterrupted and without problems. Consultant's lawyers provide legal support to clients at every stage - from filing an application to appealing a refusal and receiving a pension. They also provide advice on changes in legislation that may affect the amount and payment of pensions.
The military pension is based on length of service, disability or loss of a breadwinner and depends on the results of medical examinations and relevant legislation. The military pension is indexed to reflect changes in legislation and economic indicators, such as inflation, to ensure that it is in line with current living conditions.
The services of a military lawyer include providing legal assistance on matters related to military service, defending the rights of servicemen, and handling appeals concerning pensions, disciplinary actions, and other legal issues in the defense sector.
Applying for a military disability pension is an important right of every serviceman who has been injured or ill during service. This process requires detailed preparation, knowledge of the law and proper organization of documents. The lawyers of the Consultant service will help you to apply for a pension quickly and without errors, as well as protect your rights in case of disputes.
