The person given the status of a disabled person for life was examined by the administrative procedure and was not recognized as a disabled person; the case is in court
15:39, November 4, 2017 | News, Own news
According to the decision made on May 16, 2017, S. G. considered as a person with a third-degree disability since 2009 was not recognized as a disabled person by the Medical-Social Expertise Agency as a result of the re-expertise by the administrative procedure.
Prior to this, on March 27, 2017, during yet another re-examination, S. G. was recognized as a person with a third-degree disability for life.
As reported by S. G., for the purpose of re-examination, on May 4, 2017, he was called to the Agency, where, being aware of the fact that the latter was working, they demanded a reference from his workplace. A few days after submitting a reference to the Agency, the decision was made to not recognize S. G. as disabled.
Moreover, S. G. was not referred to any other examination; they were satisfied only by measuring the blood pressure, which could not serve as a basis for such a decision. In that case, the decision should have been based upon the documents of the medical and social expertise, according to which, S. G. had previously been given the status of a person with a third-degree disability; that is, the Medical and Social Expertise Agency had no grounds for not recognizing him as a person with a disability.
The Agency did not have the right to re-examine S. G. by the administrative procedure. A re-examination by the administrative procedure could have been carried out either on the request of a person with disabilities or on the initiative of a state body competent in the field of medical-social expertise if fraud had been found in the documents underlying the expert judgment or there had been a violation when defining the disability group.
In the given case, none of these preconditions existed.
Taking into consideration the fact that the decision of the Ministry of Medical-Social Expertise of the Republic of Armenia made on May 16, 2017 was the consequence of unlawful actions, S. G. has made a claim against it at the RA Administrative Court with the support of HCA Vanadzor.
The court session is scheduled for 4.00 pm on November 6, 2017.