An appeal can be submitted to the attendance allowance appeals committee by someone who is not satisfied with the National Insurance Institute’s decision.
An appeal can be submitted to the medical committee for general disability appeals by a person whose claim was denied due to medical disability percentages that do not entitle the person to benefits.
An appeal can only be submitted to the Labor Court regarding legal questions.
Appeal to the Attendance Allowance Appeals Committee
Can be submitted by someone who is not satisfied with the National Insurance Institute’s decision regarding the amount of the allowance approved for him, or because his claim was denied, or because he is not satisfied with the date of commencement of the entitlement to the allowance that was approved for him, provided that he meets one of the following conditions:
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He is receiving a general disability pension and has an established medical disability of at least 60%.
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He is not receiving a general disability pension and has an established medical disability of at least 75%.
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He was entitled to an attendance allowance before reaching retirement age.
A reasoned appeal should be submitted in writing within 90 days of the date on which the letter with the NII’s decision was received. The appeal should be submitted to the National Insurance Institute branch closest to one's place of residence.
An appeal can be submitted to the medical committee for general disability appeals within 30 days by someone who does not have a rate of medical disability that would entitle him to an allowance as specified above and is claiming an attendance allowance.
An appeal can only be submitted to the Labor Court by a person whose claim was denied because of provisions in the law or regulations, such as:
He is living in an institution that provides medical, nursing or rehabilitation services.
He is living abroad.
He is receiving a mobility allowance.
He has a high monthly income.
He is receiving a special pension under another law.
He is requesting to receive retroactive payment for more than six months.
A reasoned appeal should be submitted in writing within six months of the date on which the letter with the NII’s decision was received.
If a person is not satisfied with the decision of the appeals committee, he/she may submit an appeal to the regional Labor Court.
The appeal should be submitted within 30 days of the date on which the letter with the NII’s decision was received.
Legal Aid
If you should decide to appeal a National Insurance Institute decision to the regional Labor Court, you are entitled to apply for free legal aid from the legal aid offices of the Ministry of Justice. You must submit the an application (on a special form) to the legal aid office in your area of residence.