Publication date: 28.05.2024
Appealing the decision of the MSEC
The Medical and Social Expert Commission (MSEC) plays an important role in determining the degree of a person's loss of working capacity and granting him the status of a person with a disability. However, there are situations when citizens do not agree with the decisions of MSEC. In such cases, there is a possibility of appealing the decision of the MSEC in accordance with the procedure established by law.
The procedure for appealing the decision of the MSEC is regulated by the Resolution of the CMU No. 1317 dated 07.12.2022. According to the document, it is possible to appeal the conclusion of the MSEC within 30 days from the day of its issuance. For this purpose, it is necessary to submit a statement of claim to appeal the decision of the Ministry of Education at the place of residence of the person or at the location of the MSEC.
Grounds for contesting the conclusions of the MSEC may be:
- incomplete or improper examination of the person;
- biased assessment of the state of health;
- failure to take into account important medical data;
- violation of the examination procedure, etc.
In the statement of claim, it is necessary to set out the circumstances of the case in detail, to indicate the reasons for disagreement with the decision of the MCEC, and to provide relevant evidence to support one's position. A copy of the contested decision of the MSEC should also be attached to the claim.
When appealing a decision of the MCEC, it is important to adhere to the established deadlines for filing a claim. According to the current legislation, it is possible to appeal the decisions of the MSEC to the court within 6 months from the date of their adoption.
Consideration of the case on contesting the conclusion of the MSEC the results takes place in the order of administrative proceedings. During the court session, the court must comprehensively study all the materials of the case, listen to the explanations of the parties and experts and make a reasoned decision.
If the claim is satisfied, the court can oblige MSEK to re-examine the person or cancel the previous conclusion. If the decision of MSEC is recognized as illegal, the person may be assigned another group of disability or such status may be canceled altogether.
It is worth noting that appealing the decision of the MSEC to the court is a rather complicated procedure that requires careful preparation and a professional approach. Therefore, in order to successfully resolve the case, it is recommended to seek legal assistance from a qualified lawyer.
An experienced lawyer will help you to correctly prepare a statement of claim, collect the necessary evidence, represent your interests in court and prove the validity of your legal position. This will significantly increase the chances of a positive resolution of the case.
Therefore, in case of disagreement with the conclusions of the MSEC, citizens have the right to appeal them. For this, it is necessary to observe the established procedure and deadlines for filing a claim. Although the procedure for appealing the decisions of the MCEC can be complicated, the involvement of an experienced lawyer will significantly simplify this process and help you defend your rights in court.
