Appealing a disability assessment decision: status denied or degree lowered: what to do under Georgian law

What to do

1. What is challenged: the bureau's conclusion on status is binding on all authorities (Law of Georgia on Medical-Social Expertise (MSE Law), Art. 48), so the target is the bureau's conclusion; the social package follows from it. The correctness of the MSE bureau's conclusion can be challenged under the law (MSE Law, Art. 60). The respondent is the administrative body, and any person vested with public-law powers by law (such as a clinic's bureau) (General Administrative Code of Georgia (GAC), Art. 2).
2. Deadlines first: an administrative complaint must be filed within one month of official notification of the decision (GAC, Art. 180); a missed deadline is restored for good cause (GAC, Art. 180); silence of the body within the deadline counts as a refusal, which is also appealed (GAC, Art. 177); a court action must be brought within 1 month of the decision on the complaint or of the expiry of the deadline for considering it (Administrative Procedure Code of Georgia (APC), Art. 22). For a child: an application within 1 month to the bureau or the superior body, then court (Instruction on the Procedure for Establishing “Child with Disability Status”, Art. 13).
3. In parallel: the accuracy of conclusions is reviewed by the Agency for Regulation of Medical and Pharmaceutical Activities (MSE Law, Art. 27); it may order a repeat assessment at the same or another clinic (MSE Law, Art. 28); the control re-check is carried out by a clinic other than the one that assigned the status (2026 State Programme on Medical-Social Expertise and Control, Art. 4). If health has worsened, an early re-assessment is possible on a change in health (MSE Law, Art. 15). A pensioner with an indefinite status is re-checked only on their own application or in case of forged documents (MSE Law, Art. 15).
4. Money: loss of the required degree ends the social package (Rules on the Social Package, Art. 12); when the degree changes, the package is recalculated from the first day of the next month (Rules on the Social Package, Art. 14); after status is restored, the package is granted anew, so a new application is needed (Rules on the Social Package, Art. 12); if payments are suspended for good cause, the shortfall is compensated for no more than 1 year (Rules on the Social Package, Art. 11). If the Agency challenges the conclusion in court, the conclusion is suspended until the court decides (MSE Law, Art. 28).
5. Evidence: independent opinions of specialists, data on unsuccessful rehabilitation.
6. Where to apply: the clinic's MSE bureau; the Agency for Regulation; the Social Service Agency (social package); court (administrative chamber).
7. Evidence: the MSE certificate and its date of delivery; earlier certificates; epicrises.
8. Pitfalls: waiting for a new re-assessment instead of appealing, so the one-month deadline runs out; appealing only the Social Service Agency's decision and not the bureau's conclusion; not applying for the social package again after status is restored.

Be sure to check

• deadline: complaint within one month of notification, then court action within one month
• what is challenged is the MSE bureau's conclusion; the social package is recalculated afterwards
• referral to the Agency for Regulation: repeat assessment at another clinic
• independent medical evidence and a repeat application for the social package after status is restored