Successful appeal against a rejected decision for a disability allowance

Our office, after a legal study and documentation of facts, filed an appeal in the Administrative Court, resulting in a decision to annul the Ministry of Labour, Welfare and Social Insurance and the Social Benefits Administration’s rejection of the minor’s disability allowance claim as unjustified. The court highlighted the flawed assessment of the minor’s disability, pointing out the lack of recording the opinions of the examining doctors, as well as the absence of reference to the specialties of the doctors who examined the minor. It emphasized that, as a general principle of Administrative Law, an unfavorable decision should be more thoroughly justified to enable judicial review. In this case, the Disability Assessment Committee unjustifiably rejected the disability allowance and/or the application for minimum guaranteed income due to inadequate reasoning and the absence of a proper investigation. It was decided that the Minister’s decision, which relied on and included as a supporting rationale the current certification of the Committee that reassessed the minor’s disability, is also nullified.





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