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Citizen’s disability group to be restored according to the Court’s judgment

December 8, 2021

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A.Kh.’s disability group is to be restored as a result of legal aid provided by HCA Vanadzor. The RA Administrative Court made the judgment on 23 September 2021.

 

HCA Vanadzor will also help A.Kh. to make a claim for compensation for the damage caused as a result of improper administration. 

 

A.Kh.’s disability group was established in 2021, when he was diagnosed with “shortening of lower extremity” during the preparatory stage of the call-up. Based on the diagnosis, he was first recognized temporarily unfit for military service and granted a three-year deferral , and then third group of disability was established. Then, after regular expert examinations, third group of disability was established until 2018.  

 

On 25 January 2018, after another expert examination, no disability group was established. However, during 2012-2018, A.Kh. did not receive any treatment, his state not only did not improve, but even deteriorated

 

HCA Vanadzor undertook protection of A.Kh.’s rights after the decision on not establishing a disability group. HCA Vanadzor advocates Syuzanna Soghomonyan and then Hayk Hakobyan first appealed that decision and not reaching favorable results, on 3 April 2018, the advocates applied to Court. In the claim against the RA Medical Social Expert Commission of the RA Ministry of Labor and Social Affairs, they mentioned that the decision on not establishing the disability group violated A.Kh.’s rights, and that decision should be abolished.

 

It is noteworthy that during that whole period, besides the fact that the disability group was regularly confirmed, in 2015, based on that diagnosis he was also recognized unfit and exempted from military service.

 

The respondent presented their objections in the position presented to the Court and asked to reject the claim, but the Court, presided by judge Arshak Alaverdyan, took into account A.Kh.’s medical documents and reaffirmed that according to legislative regulations, those indicators should result in establishment of the third group of disability. 

 

The Court thus recognized invalid the decisions on not establishing a disability group and urged the unified social service of the Ministry of Labor and Social Affairs to make a decision on establishing A.Kh.’s third group of disability. 

 

After the judgment officially enters into force, HCA Vanadzor will also help A.Kh. to make a claim for compensation for the damage caused as a result of improper administration starting from the moment when a disability group was not established until the judgment officially enters into force.

 

The Court’s judgment not only restores A.Kh.’s, but also his brother’s violated rights. The problem is that if A.Kh. has an established disability group, his brother could be granted a deferral based on family conditions. Yet, this illegal decision also violated his right to use that opportunity.  

 

HCA Vanadzor also undertook protection of A.Kh.’s brother’s rights and applied to court. The claim for granting a deferral from compulsory military service is now being examined in the Administrative Court.

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