Newsletter on the reform of social security litigation
Social security litigation has undergone a major reform, which came into force on 1 January. Indeed, the Social Security Courts (TASS) and the Incapacity Litigation Courts (TCI) have been abolished as of January 1, 2019. Cases that were previously judged by these two courts now fall under of the High Court. The National Court of Disability and Workplace Accident Insurance Pricing (Cnitaat) is maintained for a further two years. Several significant procedural developments, in the amicable phase, should be noted:
- The extension of the deadline for implicit decisions of rejection by amicable appeals commissions (CRA)
- The institution of a compulsory prior appeal against the decisions of the Commission for the Rights and Autonomy of Persons with Disabilities (CDAPH)
- The creation of a medical appeals committee (CMRA)
The extension of the deadline for implicit decisions of rejection by amicable appeals commissions (CRA)
From now on, the CRAs have a period of two months to render their decisions, against one month previously. It is only at the end of this period, in the absence of a decision from the CRA, that the applicant will be able to avail himself of an implicit decision of rejection allowing him to exercise a contentious appeal within a period of two month. It is recalled here that the said time limit for contentious appeal can only be opposed to the applicant if he was informed, when acknowledging receipt of his appeal, of the time limit and the means of appeal in the event of an implicit decision of rejection. .
The institution of a compulsory prior appeal against the decisions of the Commission for the Rights and Autonomy of Persons with Disabilities (CDAPH)
The contentious appeal brought against the decisions taken by the CDAPH must now be preceded by a prior appeal addressed to the departmental house for disabled people (MDPH). It should be noted that the applicant's situation is again examined by the same committee, which must render its decision within two months of the lodging of the appeal. During this second examination, the commission may take into account the evolution of the applicant's situation. In the absence of a decision rendered at the end of this two-month period, the silence kept by the CDAPH is equivalent to an implicit decision of rejection.
The creation of a medical appeals committee (CMRA)
A new mandatory prerequisite is imposed for cases that fell within the jurisdiction of the TCI which are now transferred to the TGI. In terms of technical social security disputes (excluding AT/MP pricing disputes), it will now be necessary to refer to a new specially created commission, the CMPRA, before being able to refer to the TGI. Said CRMA has a period of 4 months following the introduction of the appeal to deliver its opinion. In the absence of a decision by the latter, the applicant could rely on an implied decision of rejection. He can then refer his dispute to the competent TGI, within two months of the said decision.
