To be sure, prepare properly for a Defense Ministry medical committee

Have you been recognized as an IDF disabled person? Now you will be invited to a medical committee to determine the percentage of disability you deserve. In order for the percentages to be determined to properly reflect your medical condition, it is important to prepare well

Medical committee (Photo: ShutterStock)

Medical committee (Photo: ShutterStock)

In filing a claim for recognition as an IDF disabled, the plaintiff asks the state to acknowledge the donation he made and the harm he sustained during his service. Beyond the conceptual importance of this recognition, the claim lays behind a real need for state support to receive rewards, medical expenses, mobile expenses, and additional medical expenses. Of the plaintiff.

After the Defense Department's Compensation Officer confirmed that there was a causal link between the injury and the service, and granted the plaintiff the recognition of being an IDF disabled, comes the practical stage - the Defense Ministry's Medical Committee. This committee meets to determine the degree of disability in the percentage of the claimant. The rights and benefits that come to the IDF are derived from the level of disability determined by the committee.

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Determine the percentage of disability

The committee examines the medical condition of the disabled person - in his presence or without it - through various tests that are listed in a detailed list in the Disability Regulations book. This list includes, among other things, clinical tests, results of relevant tests, and other medical documents, depending on the nature of the injury, including neuroimaging tests such as CT, MRI, EMG and the like.

It should be emphasized that the medical committee usually lasts only a few minutes and therefore the focus should be on presenting the relevant things for determining disability and not general things.

The committee's conclusions will lead to determining the percentages of disability and the rights that come with them: Under 10% disability will not be given financial aid, 10% to 19% will receive a one-time grant, and over 20% disability will determine a monthly allowance, which will correspond to the level of disability percentages. In addition, the higher the degree of disability, the greater the benefit basket which may include tax rebates, academic studies, special vehicles and more.

Proper preparation - desired result

The medical committee, as stated, requires presentation of neat, focused and clear claims. The members of the committee will refer to the material presented to them, and not beyond. The Commission tends not to patiently address a confused, misguided, or missing appeal.

The prosecutor may appear before the committee alone, but it is highly recommended to seek the assistance of a lawyer specializing in the field, or at least to receive prior counseling so as not to reach the committee distracted and confused. Legal guidance with the medical committee will ensure the fulfillment of several important conditions:

• Require attachment

• Focus on the relevant arguments as requested in the regulations book

• Establishing the central arguments, highlighting the critical points and strengthening security in standing before the committee

• Make sure that all is stated accurately, without omitting important details

• Attach a medical opinion of first-rate physicians to strengthen the claim

It is important to organize the necessary documents neatly (Photo: shuttewrstock)

Document folder (Photo: ShutterStock)

Appeal to Supreme Medical Committee

A plaintiff who is dissatisfied with the percentage of disability prescribed to him by the committee may appeal her decision. Like the initial filing with the committee, the status of the appeal can also be accessed independently, but self-representation that is not optimal may lead to the loss of important rights.

There are quite a few examples illustrating how a reasoned and backed-up appeal for the right medical documents, presented clearly and convincingly, has led to the cancellation of the initial committee decision and the determination of significantly higher disability rates.

However, it is important to take into account that when the appeal is filed, the committee also faces the possibility of reducing the percentage of disability. To avoid such situations and obtain most of the rights and benefits provided by law, it is advisable to contact an attorney who specializes in the Ministry of Defense's claims and build the claim with him.

The decisions of the Supreme Medical Committee may also be appealed to a district court, but it is important to know that the extent of the court's intervention will be limited and will deal only with legal questions and not with the professional decisions of the committee doctors.

Attorney Eli Saban is involved in representing the IDF disabled and in the claims against the Ministry of Defense.

Phone: 077-9977458

The article is courtesy of Zap Legal

The information presented in the article does not constitute or replace legal advice and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone relying on the information contained in the article does so at his own risk