Dispute of a medical nature (disability, incapacity, incapacity)

Verified 17 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)

How to lodge a complaint against decisions of social security bodies relating to invalidity, incapacity or incapacity? These claims must be submitted to the Medical Amicable Appeals Board (CMRA: titleContent). We're talking about medical litigation. If this compulsory prior remedy fails, the court of your domicile will have jurisdiction. On appeal, the Social Chamber of the Court of Appeal has jurisdiction. We're giving you the basics of the regulations.

The steps therefore imply that CMRA: titleContent be entered in advance. In the event of failure, the judge is competent.

Step-by-step approach

The appeal before the Medical Amicable Appeals Board (CMRA: titleContent) is mandatory before any litigation procedure.

What are the issues involved in the CMRA appeal?

The CMRA: titleContent shall have jurisdiction in all medical disputes for the application of social security rules and agricultural social mutuality (ASM).

In addition, it shall have jurisdiction in the following cases:

  • State or degree of achievementinvalidityaccident at work , in the event of an accident or illness (excluding
  • State or degree ofDisability accident at work permanent working conditions, in particular as regards the rate of such incapacity, in the event of
  • State of incapacity for work for persons covered by the Rural and Maritime Fisheries Code

Who can go to CMRA?

Any insured person may seize the CMRA: titleContent, for himself or for a third party (child, person with whom he is in a relationship...).

When to file a CMRA complaint?

The time limit for referral to CMRA is 2 months from the date of notification of the decision you are challenging.

How do I enter CMRA?

You must enter the CMRA: titleContent by registered letter with AR: titleContent. Enter the CMRA: titleContent by registered letter with AR proves, if necessary, that the matter was referred to the Commission within the two-month period.

The CMRA: titleContent has regional jurisdiction. His address is on the notification of the decision you are challenging.

How is the CMRA application processed?

The CMRA: titleContent may decide to conduct a medical examination, in which case you will be summoned by mail at least 15 days before the examination.

The decision shall be notified to you. It must be reasoned.

Past on four-month period as from the lodging of the preliminary appeal, thelack of response of the Medical Remedy Commission means that your application is rejected.

This implied rejection may be challenged before the court.

How is the request addressed to the court?

You must address your request to court of law (social pole).

The competent court is the court of the place of your domicile. Its address shall be indicated, where appropriate, on the acknowledgement of receipt or the decision of the CMRA: titleContent

You must file your application with the court registry or send it by registered letter with AR within 2 months :

  • From the date of notification of the CMRA decision you are challenging 
  • Or, in the absence of a response from CMRA, from the expiry of the 4-month period available to CMRA to respond to your complaint.

Please note

At the hearing, you may appear yourself, or be represented or assisted by counsel.

On the spot

You can submit your request and the requested documents in the form, in 2 copies, to the single service of reception of the litigant (SAUJ) of the court of your domicile.

Its address shall be indicated, where appropriate, on the acknowledgement of receipt or on the decision of the CMRA: titleContent, and by the cash register.

Application for referral to the Court - Social Security and Social Assistance Disputes

Please note

You also send these coins to your opponent.

Who shall I contact
By mail

You can send your request by registered letter with AR: titleContent in the court of your domicile.

This request and all the documents requested in the form are submitted in duplicate.

Application for referral to the Court - Social Security and Social Assistance Disputes

Please note

You also send these coins to the other party.

Who shall I contact

How is the application for judicial review handled?

The court summon you by post at least 15 days before the hearing.

You have to introduce yourself to the hearing. A person of your choice can assist you (lawyer, union representative, etc.).

FYI  

if you are assisted by a lawyer, you can benefit from legal aid.

One medical consultation may take place during the hearing. You may then be asked for a provision immediate for expertise costs.

The court registry notifies you of the decision. The notification indicates the time limits and remedies before the court of appeal.

Where the decision of the court of first instance is given (dispute over an amount greater than €5,000 or indeterminate amount), you can appeal to the social chamber of the court of appeal, in a one-month period from the date of notification of the judgment of the court.

A lawyer is not required before the Court of Appeal.

The court registry notifies you of the decision.

Who shall I contact

If you challenge the decision of the Court of Appeal, you must file the appeal at the Registry of the Court of Cassation within a period of 2 months from notification of the decision of the Court of Appeal.

The same shall apply if the decision of the court concerned a dispute of less than €5,000.

Who shall I contact

You need to call on a lawyer at the Council of State and the Court of Cassation:

You can benefit from legal aid.

Who can help me?

Find who can answer your questions in your region

  • Health Info Rights

    A telephone line created by a collective of user associations to provide legal or social information related to health

    By telephone

    01 53 62 40 30

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