Publication date: 16.05.2025
I provide legal assistance in the field of military law and mobilization legislation. I specialize in protecting the rights of conscripts, servicemen and their family members. I help resolve issues related to VLK, EKOPFO (MSEK), mobilization, OGD, payments, UBD status and other legal aspects.
Initial Information:
A client — a servicemember — contacted our team after being injured in the line of duty. Following an expert evaluation, he received a conclusion from the Functional Status Assessment Expert Team (formerly known as MSEC), which determined only 25% loss of work capacity. This assessment deprived him of the right to receive an official disability group status and, accordingly, of a range of social benefits and insurance payments guaranteed by law.
The client believed the conclusion was inconsistent with his actual health condition and asked: is it possible to appeal the FSAT decision and restore justice?
The Problem:
FSAT decisions are often based on formal signs, outdated protocols, or incomplete clinical data. The main difficulties in this case were:
- Medical documents provided by the client confirmed long-term complications, including limitations in self-care, mobility, and work capacity, which clearly meet the criteria for assigning a Group III disability.
- The FSAT conclusion lacked any justification for denying disability status, and the assessment of functional limitations appeared superficial.
The established 25% work capacity loss did not qualify the client for any social status or benefits, effectively discriminating against him as a person with a real combat injury.
Legal Actions Taken:
We reviewed the entire set of medical documentation, including the medical history, physician conclusions, previous examinations, and evidence from the military unit.
We analyzed the diagnosis and functional limitations against the criteria in CMU Resolution No. 1338 dated November 15, 2024, "On approval of the procedure for assessing a person’s functional status".
Based on this, we prepared a well-founded complaint to the Central Commission of the Functional Status Assessment Center, which included:
- Legal and medical grounds for reviewing the FSAT decision,
- A comparative analysis of the client's clinical condition against regulatory disability criteria,
- Indications of procedural violations during the initial examination and a superficial functional status evaluation.
Outcome:
Less than two months after the complaint was submitted, the Central Commission responded:
- The original expert team’s decision was overturned as unfounded.
- The client was sent for repeat inpatient evaluation followed by an in-person examination at the Functional Status Assessment Center.
- It was confirmed that the initial conclusion did not reflect the individual’s actual health condition and violated the principles of objective expert assessment.
- This created real grounds for assigning a disability group and receiving all legally guaranteed benefits.
Processing Time: approximately 1.5 months from the time the complaint was filed to the commission’s decision.
Appealing FSAT decisions is a legally and medically complex process, requiring deep knowledge of regulations and the ability to translate "medical language" into "legal language". In our case, the attorney’s systematic work, document analysis, and clear legal position gave the client a real chance for a fair health assessment and the restoration of his social rights.
