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Everything you need to know about a medical committee in Social Security

Applying to a medical committee of Social Security is part of the disability recognition process.

Adv. Eldad Harash, who works in the field of tort law and represents victims of work and people with general disabilities, explains what the committee includes, what the victim's position is in front of her and what the difference is between representing a lawyer and applying to a company to exercise medical rights.

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• Social Security

• medical committee

Adv. Eldad Deaf, in collaboration with Zap Legal

Thursday, 08 April 2021, 14:32 Updated: 14:41

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The National Insurance Institute (Photo: Reuven Castro)

The medical committee is a "quasi-judicial" body, whose role is to determine the percentage of disability of the person before it.

Everyone who has been recognized by the National Insurance Institute as a work injury, or anyone who meets the threshold conditions for receiving a general disability pension, comes to the medical committees.

The medical committee determines the percentage of disability of the victim, and as a result the amount of the benefit to which he is entitled.

The Work Injury Committee will also discuss the causal link between the accident and disability.

For example, it is possible that the victim's disability percentage will be reduced because he already suffered from a similar medical problem before the accident.

The medical committee has two levels: a "medical committee" (first-level committee) consisting of one doctor and a committee secretary, and a "medical appeals committee" (second-level committee) consisting of a committee secretary and three doctors, at least one of which deals with the field of impairment.

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What is a first-rate medical committee?

The first-tier committee is the first instance before the insured, which includes three stages:

1. Brief identification of the victim

2. The

victim's

claims and description of the defects he suffers from

3. Medical examination (only if relevant)

The committee has the authority to refer the victim for external tests, such as hearing test , And even request a medical opinion from another specialist doctor, in the case of a person suffering from two or more injuries and not all of them are in the area of ​​expertise of the committee doctor.

What is a second-tier committee?

A second-tier committee is a medical appeals committee and this is in fact a second instance, which hears an appeal against the decision of the first-tier medical committee.

The committee includes a committee secretary and three doctors, at least one of whom is in the area of ​​impairment.

In this case, too, the committee has three stages: identification, a brief initial investigation into the defects and / or injury, and a medical examination, if required.

In these cases, too, the committee has the authority to refer the victim for an external opinion as well as for further examinations.

Who are the doctors who sit on the committees?

Doctors who are not employees of the National Insurance Institute sit on the committees, but they receive their salaries from the institution.

It should be noted that the decision of the Medical Committee can also be appealed by the National Insurance Institute, while the decision of the Appeals Committee can be appealed to the Regional Labor Court, in a legal question only, and in the vast majority of cases - if the appeal is accepted. The appeal in order to correct the mistake.

The tribunal does not tend to interfere in matters of medicine and the decision is reserved for the medical committee only.

It should be noted that a medical committee sometimes lasts only a few minutes, but at the same time this situation should not be taken lightly - since it is a stressful event, in which the fate of the victim is actually determined, when a foreign doctor performs a medical examination on the victim. In the committee.

Moreover, more often than not, "the victim's verdict" was unjustly made, even before he spoke, in other words, the committee doctors who receive their salaries from the National Insurance Institute do not rule out the possibility that the victim is a fraudster who intends to defraud the National Insurance Institute. For him - with such a starting point, it is advisable to seriously consider the possibility of legal representation by a lawyer, whose job is to make sure that the committee is conducted as a series and in accordance with the law.

Legal representation in a medical committee

Contrary to what people may think, the lawyer's role is not limited to administrative assistance in filling out documents, and it has often been found that his dealings with the National Insurance Institute have a decisive effect, which is reflected in the National Insurance Institute's knowledge of disability. .

An experienced lawyer is familiar with the regulations by which the percentage of disability is determined on Borain and knows how to identify in advance the problems that may arise and give them a correct answer.

An experienced lawyer will be able to refer the victim to the right medical expert, if necessary, in order to get a medical opinion which will be submitted to the medical committee.

What is the difference between the representation of an expert lawyer and the representation of companies engaged in the exercise of medical rights?

A company engaged in the exercise of medical rights cannot replace the role of the lawyer.

According to the law, the lawyer is the only one who has the authority to represent a victim in the medical committees of the National Insurance Institute and to make sure that everything is going well during the committee.

Also, only a lawyer will be able to file a well-reasoned appeal to the Labor Court and represent the injured party in the Labor Court.

Advocate Eldad Harash, has been

working in the field of tort law for about 15 years and represents victims of road accidents, work accidents and various accidents, in medical committees and in the various legal courts.

Phone:

053-4756792

Article courtesy of Zap Legal The

information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.

Anyone who relies on the information in the article does so at his own risk

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