Helsinki Citizens' Assembly-Vanadzor

A citizen’s disability degree recognized due to HCAV support

October 20, 2023

Right to Protection of Health | Activities | Legal Support | Legal Support | Rights | Project։ Protection of the rights of conscripts and servicemen

In 2022, the Administrative Court took into proceedings citizen A.M. 's representative, HCAV advocate Hayk Hakobyan’s claim regarding the violated right of the citizen with disabilities

 

After months-long trial, the Administrative Court upheld the claim lodged by HCA Vanadzor and obliged the Unified Social Service to recognize A.M.’s third degree disability.

 

A.M.’s disability was first recognized in 2017 as that of third degree. He was also recognized as having a disability during reexaminations of following years. In 2021, however, the Unified Social Service, did not recognize A.M.’s disability by depriving him of the previously recognized degree of disability without any justification. As a result of appealing the Commission’s decision, he underwent one more expert examination in late 2022, however, the decision on not recognizing any disability remained unaltered.

 

In A.M.’s words, his health condition at least made it impossible to provide self-care and work. Moreover, as compared to previous years, not only did he not have any positive dynamics in terms of health, but his health problems even deteriorated.

 

According to the Unified Social Service (USS), A.M. was not recognized as having a disability since the medical social examination commission had determined that A.M.’s life activity limitations had disappeared after the treatment. Contrary to the USS, the Court stated that available evidence did not substantiate that A.M.’s health situation improved and there was no need to determine his disability degree.

 

Taking into account the circumstances of the case, in November 2022, the Court upheld HCAV’s claim by obliging the Unified Social Service to determine A.M.’s disability as that of third degree.

 

It is obvious that by not recognizing A.M. as a person with disabilities, the Unified Social Service manifested an unequal approach to uniform factual circumstances. In particular, a person with the same health problem was determined to have a third degree disability twice, and was rejected to have his disability recognized for the third time. Noteworthy, the Unified Social Service representative did not come to the trial despite having been properly notified about the place and time of the trial.

 

HCAV is continuing to provide free legal aid to citizens whose rights have been violated. You can contact us at 077342268 or write to our Facebook page or visit the office on Tigran Mets 59, Vanadzor.

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