Publication date: 02.04.2025
My name is Daria Yeremenko, I am a lawyer from Kyiv. I specialize in providing advice on obtaining a disability and appealing against the decision of the MSEC, recovering material compensation for physical and moral damage; assistance in collecting evidence on the fact of medical error, negligence on the part of medical of the medical staff.
Service: Appeal of MSEC decision and obtaining 2st disability group status
Case: № 462/7854/25
Client's inquiry: A woman approached us regarding obtaining the status of a person with a 2st disability group after multiple refusals by the medical and social expert commission (MSEC). The applicant suffered from a severe chronic illness that resulted in complete loss of ability to work, significant limitations in daily life, and the need for constant care. However, MSEC refused twice to assign a 2st disability group, leaving her in the status of a person with a 3nd group without providing legal and medical grounds for such a decision.
Despite the seriousness of her health condition, the commission argued that there were supposedly possibilities for self-care, although in fact, the client could not move independently and required assistance in performing most life functions.
After another unfounded refusal, she decided to seek legal assistance to protect her rights and review the commission's decision.
Legal Strategy:
1. Analysis of medical documents
- A detailed study of medical records, doctors' conclusions, protocols of previous MSEC decisions, and other documents confirming the severity of the client's health condition was conducted.
- In collaboration with independent medical experts, the actual health status was analyzed and it was established that it fully met the criteria for a 1st disability group according to Cabinet of Ministers Resolution № 1338 dated 15.11.2024.
- Conclusions from specialized doctors were obtained, confirming the client's inability to function independently without external assistance.
2. Appeal of MSEC decision
- A reasoned legal opinion was prepared regarding the illegality of the refusal to establish a 2st disability group.
- Official complaints were submitted to the higher MSEC and Ministry of Health with a request for a review of the case and justification for the refusal.
- An appeal was made to the Ministry of Health with a request to conduct an investigation into the activities of the commission that made the decision.
- Simultaneously, an administrative lawsuit was filed with the court demanding the recognition of MSEC's decision as illegal and obliging the commission to review its conclusion.
3. Court proceedings
- During the court proceedings, we provided additional medical conclusions, doctors' testimonies, and evidence of violations in the evaluation of the client's health condition.
- As a result, the court ordered an independent forensic medical examination, which confirmed the need to assign a 2st disability group.
- During the proceedings, procedural violations by MSEC were also discovered, including the lack of a substantiated commission conclusion and failure to consider medical indications.
Result:
MSEC's decision was overturned by the court.
The client was assigned a 1st disability group with the right to lifetime status.
Changes were made to the disability register.
The client gained access to relevant social benefits, allowances, and compensations, which significantly improved her quality of life.
The court ordered MSEC to compensate the client for the costs of independent examinations.
Obtaining the appropriate disability group is an important right for anyone with significant limitations in daily life. However, due to bureaucratic obstacles and improper performance of duties by some medical commissions, citizens often face unfounded refusals.
If you are denied the establishment or change of a disability group, you have the right to legal protection! We can help you collect the necessary documents, challenge illegal decisions, and ensure fair recognition of your health condition.
