How to appeal the decision of the military medical commission during mobilization

The decision of the military medical commission can be appealed if it was made without due consideration of the state of health and with a violation of the procedure. Timely legal assistance and a properly built strategy give a real chance to defend legal rights.

During mobilization, military medical commissions often work in an accelerated mode, which leads to formal decisions without a proper assessment of the state of health. As a result, people are recognized as fit, even if they have diagnoses that, according to the law, limit or exclude service. The lawyers of the company “DE-JURE” help in cases where the military medical commission ignores real medical indications.

Is it possible to appeal the decision of the Military Medical Commission?

The conclusion of the military medical commission is not final and unchangeable. If a person has a disease that, according to the current list, provides for limited fitness, service only in the rear or is a basis for establishing disability, then the decision of the Military Medical Commission on fitness is subject to appeal. In such situations, it is important not to remain silent, but to act exclusively within the legal framework.

There are two ways to appeal the conclusion:

• administratively, by contacting a higher-level military medical commission;
• in court, by contacting a lawyer and collecting the necessary documents for a lawsuit.

Regardless of the option chosen, proper preparation of the evidence base plays a key role. First of all, it is necessary to collect all medical documents that confirm the real state of health. These include the following:

• extracts from the medical history;
• epicrisis;
• examination results;
• advisory opinions of doctors.

Documents issued by state or municipal medical institutions have the greatest legal weight, as they are the ones that both the higher-level MMC and the court are obliged to take into account.

Appealing a decision of the MMC in an administrative manner

If you choose the administrative way of appealing a decision of the MMC, you should submit an application to the regional, regional or Central MMC – depending on which commission’s decision is being appealed. The application is drawn up in any form, but must necessarily contain a reference to the specific conclusion being appealed, arguments for its review and copies of medical documents. Based on the results of considering the complaint, the MMC of a higher level may refuse, providing reasoned explanations, or appoint a repeated medical examination with an obligation to take into account certain diagnoses and circumstances. In case of refusal, the decision can be appealed further by subordination – up to the Central MMC. The conclusion of this instance is final within the administrative procedure. If the Central MMC refuses, you should apply to the court.

Appealing the decision of the Military Medical Commission in court

If a person chooses the judicial mechanism for appealing the conclusion of the Military Medical Commission, the appeal is filed with the administrative court at the place of residence or at the location of the military unit. It is important to adhere to the deadlines: the claim can be filed within six months from the date of the adoption of the disputed decision of the military medical commission. The statement of claim is submitted in person or sent by mail and must be accompanied by a copy of the conclusion of the Military Medical Commission and all documents confirming the applicant’s position.

At the same time, the court does not assess the state of health from a medical point of view and does not determine the degree of fitness for service. The court’s task is to verify whether the Military Medical Commission followed the established procedure, whether all necessary documents were taken into account and whether procedural violations were not committed. If such violations are established, the court may oblige the Military Medical Commission to conduct a repeated medical examination in compliance with the requirements of the law.

How DE-JURE helps when appealing a decision of the Military Medical Commission

The DE-JURE law firm provides comprehensive support for those who have faced an unfair conclusion of the Military Medical Commission. Lawyers help at every step, protecting your rights. Our services include:

• initial legal consultation and analysis of the conclusion of the Military Medical Commission;
• assessment of the prospects for an administrative or judicial appeal;
• formation of a clear algorithm of actions in accordance with your situation;
• assistance in collecting, systematizing and legally processing medical documents;
• preparation of applications, complaints and explanations to the Military Medical Commission of a higher level;
• preparation and filing of a claim with an administrative court;
• representation of the client’s interests in court hearings.

The decision of the military medical commission can be appealed if it was made without due consideration of the state of health and with a violation of the procedure. Timely legal assistance and a properly built strategy give a real chance to defend legal rights.