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Dispute on disability, incapacity or incapacity (technical disputes)

Verified 22 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Complaints against decisions of social security bodies concerning invalidity, incapacity or incapacity must be submitted to the Medical Amicable Appeals Board (CMRA: titleContent). If this mandatory prior remedy fails, the court of your domicile will have jurisdiction. On appeal, the Social Chamber of the Court of Appeal has jurisdiction.

The appeal to the Medical Amicable Appeals Board (CMRA: titleContent) is mandatory before any litigation procedure.

Disputes concerned

The CMRA: titleContent shall have jurisdiction in the following disputes:

  • Accident at work State or degree of invalidity, in case of accident or illness (excluding
  • Accident at work State or degree of permanent incapacity for work, in particular as regards the rate of such incapacity, in the case of an occupational disease
  • State of incapacity for work for persons covered by the Rural and Maritime Fisheries Code

Who can refer the matter to the committee?

Any insured person may seize the CMRA: titleContent, for himself or for a third party (child, person with whom he is in a relationship, etc.).

When to seize it?

Within 2 months from the date of notification of the decision you are challenging.

How do I seize it?

You must enter the CMRA: titleContent by registered letter with AR: titleContent.

Enter the CMRA: titleContent by registered letter with AR proves, if necessary, that the matter was referred to the commission within the 2-month period.

The CMRA: titleContent has regional jurisdiction. His address is on the notification of the decision you are challenging.

How is the application processed?

The CMRA: titleContent may decide to carry out a medical examination, in which case the insured person shall be summoned by post at least 15 days before the examination.

The decision shall be notified to the person concerned and shall be reasoned.

After the 4-month period, the absence of a reply from the Amicable Appeals Board means that the applicant’s application is rejected. This implied rejection may be challenged before the court.

Demand

You must address your request in court.

On the spot

You can file your application and the documents, in 2 copies, at the single reception service of the litigant (SAUJ) of the court of your domicile.

Application for referral to the Court - Social Security and Social Assistance Disputes

Who shall I contact
By mail

You can send your request by registered letter with AR: titleContent in the court of your domicile.

Application for referral to the Court - Social Security and Social Assistance Disputes

Who shall I contact

Demand

You must deposit your request to the court registry or by registered letter with AR: titleContent.

Processing of the application

The court will summon you by mail at least 15 days before the hearing.

You have to introduce yourself to the hearing. A person of your choice can assist you (lawyer, union representative, etc.).

A medical consultation may take place during the hearing. You may then be asked for a provision immediate for expertise costs.

The court registry notifies you of the decision. The notification indicates the time limits and remedies before the court of appeal.

FYI  

if you are assisted by a lawyer, you can benefit from legal aid.

A lawyer is not required before the Court of Appeal.

The court registry notifies you of the decision.

Who shall I contact

If you challenge the decision of the Court of Appeal, you must file the appeal at the Registry of the Court of Cassation within 2 months of the notification of the decision of the Court of Appeal.

Who shall I contact

You have to call on a lawyer at the Council of State and the Court of Cassation.

You can benefit from legal aid.