Newsletter on the reform of social security litigation
Social security litigation underwent a major reform, which came into effect on January 1st. Specifically, the Social Security Courts (TASS) and the Disability Litigation Courts (TCI) were abolished as of January 1, 2019. Cases previously heard by these two courts now fall under the jurisdiction of the Regional Court (Tribunal de grande instance). The National Court for Disability and Occupational Accident Insurance Rates (Cnitaat) will remain in operation for another two years. Several significant procedural changes, particularly in the amicable settlement phase, should be noted:
The extension of the time limit for implicit rejection decisions by amicable appeals boards (CRA)
From now on, the Regional Appeals Boards (CRAs) have two months to issue their decisions, compared to one month previously. Only after this period, if the CRA has not issued a decision, can the applicant claim an implied rejection, allowing them to file a legal appeal within two months. It is important to note that this two-month deadline for legal appeal can only be invoked against the applicant if they were informed, in the acknowledgment of receipt of their appeal, of the time limit and the appeal procedure in the event of an implied rejection.
The introduction of a mandatory prior appeal against decisions of the Commission for the Rights and Autonomy of Disabled Persons (CDAPH)
Legal appeals against decisions made by the CDAPH (Commission for the Rights and Autonomy of Disabled Persons) must now be preceded by a preliminary appeal to the MDPH (Departmental Center for Disabled Persons). It should be noted that the applicant's situation is reviewed again by the same commission, which must issue its decision within two months of the appeal being filed. During this second review, the commission may take into account any changes in the applicant's situation. If no decision is issued within this two-month period, the CDAPH's silence constitutes an implicit rejection.
The creation of a medical review board (CMRA)
A new mandatory preliminary step is imposed for cases that previously fell under the jurisdiction of the TCI (Tribunal du Contentieux de l'Incapacité - Disability Compensation Tribunal) but are now transferred to the TGI (Tribunal de Grande Instance - High Court). In matters of technical social security disputes (excluding disputes concerning occupational accident/illness insurance rates), it will now be necessary to refer the matter to a newly created commission, the CMPRA (Commission de Prévention des Risques et d'Accès aux Risques - Commission for the Prevention of Risks and Disabilities), before being able to bring the case before the TGI. The CRMA has four months from the date of the appeal to issue its opinion. If the CRMA fails to issue a decision, the claimant may claim an implied rejection. They may then bring their case before the competent TGI within two months of this decision.
