What is the procedure for appealing a telc decision?

Legal Frame Law Firm in the town of. The firm, based in Sofia, is actively involved in the assistance, preparation and drafting of documents for appeal against a decision of the TELC /Territorial Expert Medical Commissions/ or the NELC /National Expert Medical Commission/.

If you need a TELC appeal lawyer, you can contact us and we will guide, help and assist you in the TELC appeal process.

What is the procedure for obtaining a TELC decision?

First of all, we should point out that in order to enjoy your legal rights to a disability pension, as well as a number of other benefits, you should obtain an expert decision from the TELC.

In its decision, the commission must find a reduced capacity for work of more than 50%. If you think you fall under the hypothesis of permanent incapacity for work, you can ask a lawyer to help you in the procedure.

Before you are referred to the TELC, you should see your GP who will order the necessary tests by a specialist to establish permanent incapacity. If the permanent incapacity for work is not preceded by a long illness, the GP will refer you to TELK after completing the necessary documentation.

When permanent incapacity for work is preceded by temporary incapacity for work, i.e. you have been treated for an extended period of time and have used sick leave, you will need to visit a medical advisory committee.

The LCC may refer you to the TELC if you are unable to work for half a year and are on leave due to general illness, occupational disease, work accident or other cases provided for by law. The referral from the LCC to the TELC must be made at the latest 7 days before the expiry of the sick leave issued by the commission.

Territorial expert medical commissions (TELCs) are composed of doctors who have at least 5 years of experience and are attached to municipal or state medical institutions.

It is important to know that reviews and consultations are valid for 12 months!

 

Need a consultation?

 

Once you have been issued with a TELC report by the LCC or with a TELC referral from your GP, you should visit the Regional Medical Examinations (RME) where you should submit the documents issued.

When they see the medical records, the TELC will notify you by letter that:

• indicate whether you need to undergo further tests or examinations;
• indicate the day and time for the examination before the TEC to establish the clinical examination.

Having carried out all the necessary medical examinations, the chairman of the committee shall hand in an expert decision for signature.

Can TELK decisions be appealed?

Decisions of the TELC or NELC can be appealed. Your reasons for appealing the TELC are set out with the appeal to court.

As the decision of the TELC is an individual administrative act, it can be appealed within 14 days of receipt. If necessary, you can use a lawyer to appeal against a TELC decision. The appeal itself is submitted through the TELC to the NELC, but is filed at the RCME where the certification documents were submitted.

The NEC should rule on the grounds set out in the appeal and provided for in the Medical Expert Regulation. It is important to know that the NEC cannot rule on diseases that arose after the decision of the TELC. When considering an appeal against the decision of the TELC, the NELC reviews the entire available file, including the medical records.

NB: Appeals against TELC decisions do not stop their implementation.

After reviewing the appeal, the NELC may affirm:

• uphold the decision of the TELC;
• Annul it in its entirety and issue a new decision;
• Annul it in part and remand it for recertification with instructions to correct errors and omissions in the appealed TELC decision.

Can I appeal a NELC decision?

The NELC’s decision can be appealed. This is done under the Administrative Procedure Code (APC). The decision may be appealed within 14 days of receipt. The appeal must be lodged through the NELC to the administrative court in whose district the appellant’s address is located. The appeal may also be lodged by a lawyer to appeal against NELC decisions. The appeal must state the grounds on which it is based and request a forensic medical expert to give an independent assessment other than that of the TELC and the NELC.

Within its powers, the administrative court may annul the contested decision and refer the case back to the NEC for a fresh decision. It is important not to miss the appeal deadlines.

If necessary, you can contact a lawyer to appeal a decision of the TELC or NELC. The lawyers at Legal Frame will assist you in preparing your appeal, monitor the procedural deadlines and guide you to the best and fastest way to protect your rights.

 

Need a consultation?