Appeals against decisions concerning disabled workers
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Persons wishing to obtain disabled worker status or benefit from the severely disabled allowance must go through several departments and administrative offices, including the Medical Commission (Commission médicale) of the National Employment Agency (Agence pour le développement de l’emploi – ADEM).
If an application is denied, the interested parties may file an appeal.
How to proceed
Appeals against decisions of the ADEM's Medical Commission
Application for review in the event of a fundamental change of circumstances
The Medical Commission of the ADEM will grant or deny recognition of disabled worker status.
The applicant may request a review due to a fundamental change in the facts and circumstances related to their capacity.
The review will pertain to:
- the decision to deny or withdraw disabled worker status;
- the decision on a decrease in the person's capacity for work and state of health;
The application for review is submitted by the interested party or their legal representative before the Medical Commission, accompanied by the required documentation.
It should be noted that no application for review will be accepted in the following cases:
- if an appeal before the Social Security Arbitration Tribunal (Conseil arbitral de la sécurité sociale – CASS) has been filed; or
- earlier than 6 months after the notification of an initial decision that became final.
Application for reassessment before the CASS
The following may also be appealed before the CASS:
- decisions pertaining to the denial or withdrawal of disabled worker status;
- a decision relating to a decrease in the employee's capacity for work and worsening state of health;
Appeals must be filed within 40 days of notice of the contested decision.
The appeal presented to the CASS does not have a suspensive effect: the decision of the court of first instance is applicable.
Decisions of the High Council of Social Security (Conseil supérieur de la sécurité sociale – CSSS)
An appeal against a decision of the CASS may be made before the CSSS.
The appeal must be filed within 40 days of notification of the CASS' decision.
The appeal does not have suspensive effect.
Appeals before the Court of Cassation
Decisions made as a last resort by the CASS or decrees of the CSSS may be contested by appeal before the Court of Cassation.
Appeals against decisions of the Occupational Counselling and Redeployment Board (Commission d’orientation et de reclassement professionnel – COR)
Reassessment before the Special Reassessment Committee (Commission spéciale de réexamen – CSR)
After the Medical Commission assigns disabled worker status, the file is sent to the COR.
The COR will decide to direct the disabled worker, either:
- to the ordinary labour market; or
- to work in sheltered workshops.
Decisions of the COR may be subject to reassessment before the CSR.
The application for reassessment must be submitted by registered letter within 40 days from notification of the COR's decision.
The special commission will make its decision within 3 months of the day of the referral.
Appeals before the CASS
An appeal against the rulings of the CSR may be made before the CASS.
The appeal must be filed within 40 days of notification of the CRS' decision.
The appeal does not have suspensive effect.
Appeals before the CSSS
An appeal against a decision of the CASS may be made before the CSSS.
The appeal must be filed within 40 days of notification of the CASS' decision.
The appeal does not have suspensive effect.
Appeals before the Court of Cassation
Decisions made as a last resort by the CASS or decrees of the CSSS may be contested by appeal before the Court of Cassation.
Appeals against decisions of the National Solidarity Fund (Fonds national de solidarité – FNS)
Appeals before the CASS
In case of a refusal to grant entitlement to the severely disabled allowance by the FNS, the decision may be appealed before the CASS.
The appeal must be made within 40 days of notification of the FNS' decision.
The appeal does not have suspensive effect.
Appeals before the CSSS
An appeal against a decision of the CASS may be made before the CSSS.
The appeal must be filed within 40 days of notification of the CASS' decision.
The appeal does not have suspensive effect.
Appeals before the Court of Cassation
Decisions made as a last resort by the CASS or decrees of the CSSS may be contested by appeal before the Court of Cassation.
Online services and forms
Who to contact
Medical Commission
-
National Employment Agency Medical Commission
- Address:
- 19, rue de Bitbourg L-1273 Luxembourg-Hamm Luxembourg
- Fax:
- (+352) 26 19 08 22
- Email address:
- commissionmedicale@adem.etat.lu
- Website:
- http://adem.public.lu/en/index.html
Occupational Counselling and Redeployment Panel
-
National Employment Agency Occupational Counselling and Redeployment Panel
- Address:
-
19, rue de Bitbourg
L-1273
Luxembourg-Hamm
Luxembourg
B.P. 2208, L-1022 Luxembourg
- Phone:
- (+352) 247 - 88888
- Email address:
- Info.cor@adem.etat.lu
- Website:
- https://www.adem.public.lu
Related procedures and links
Procedures
Links
Further information
Legal references
-
Loi modifiée du 12 septembre 2003
relative aux personnes handicapées
-
Règlement grand-ducal modifié du 24 décembre 1993
déterminant en application de l'article 294 du code des assurances sociales la procédure à suivre devant le conseil arbitral et le conseil supérieur des assurances sociales, ainsi que les délais et frais de justice
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