The Administrative Court of Appeal Rejected the Appeal on the Case of L. M. Submitted by Medical and Social Expertise Agency

On May 22 of 2018, the Administrative Court of Appeal made a decision to reject the administrative appeal number VD/9578/05/13 submitted by the Medical and Social Expertise Agency under the RA Ministry of Labor and Social Affairs and leave the verdict made by the RA Court Administrative Court unchanged.

The Court of Appeal considered the conclusion of the RA Court of Appeal legitimate conditioned by the fact, that the mentioned decisions “do not have sufficient grounds, which means that the later are adopted by the violation of the law and at the same time illegal intervention to the rights of the applicant’s rights was made”.

It should be mentioned, that on October 23 of 2013, “Protection of Rights without Borders” NGO filed an application to the RA Court of Appeal against the Medical and Social Expertise Agency under the RA Ministry of Labor and Social Affairs and number 4 medical social expertise agency of Yerevan on the demand to completely eliminate the decisions made in regard of not recognizing L.M. as disabled child. The RA Ministry of Finance was involved in the case as third party.

L.M. has a serious injury on brain during childhood, due to which the child had serious health problem, which later affect his/her life activities. During 2003-2013, the child had a number of medical expertise, on the grounds of which the later had the status of “disabled child each time with two year-period.

In the outcomes of a new medical-social expertise of July 13 of 2013, it was confirmed by the decision 1614 of the Medical and Social Expertise Agency, that L.M. was not considered as disabled. In the outcomes of the expertise, it was confirmed by the the Medical and Social Expertise Agency that the child was completely healthy and a decision of recognizing the later disabled was respectively made.

By the decision of May 22 of 2015, the Administrative Court made a decision to satisfy the complaint and invalidate the decisions made by the medical-social expertise commission and Agency, confirming that the later do not have sufficient grounds, which means that the later have been adopted with the violation of the law and at the same time, by the decisions an intervention to rights of the applicant has been made. Moreover, a proper evidence on the place and times of the Commission’s proceeding to the legal representative of the applicant has not been presented, on the ground of which the Court confirmed that by the decision of the Commission, the right of the applicant’s party to be hear has also been violated, which facts about the illegitimate decision of the Commission.

An appeal against the decision of the Administrative Court has been submitted by the Medical-Social Expertise Commission for Children of the Medical and Social Expertise Agency under the RA Ministry of Labor and Social Affairs