Examination is not mandatory: Supreme Court allows MSEC to cancel disability status remotely

Examination is not mandatory: Supreme Court allows MSEC to cancel disability status remotely

In Ukraine, disability can now be canceled without a personal examination of the citizen.

The Supreme Court ruled on this in case No. 360/660/25, as reported by «Court and Legal Gazette».

The basis for considering the case was a complaint from a woman who was indefinitely assigned a second group disability in 2023. Upon requests from the SSU and SBI, the Central MSEC remotely reviewed the medical documents and concluded that there were no grounds for disability. As a result, the Pension Fund recalculated the payments.

Courts of first and appellate instances supported the applicant, obliging a new examination. The Supreme Court canceled these decisions. The ruling states that checking a previously issued MSEC decision is not a new medico-social examination, but a control procedure that does not require a mandatory personal examination.

The court also indicated that under martial law, the Central MSEC has the right to make remote decisions if «the inconsistency of medical documents with disability criteria is obvious». The decision emphasizes the priority of «interests of national security and prevention of abuses».

In essence, the Supreme Court confirmed the legality of mass disability checks launched after the NSDC decision in the fall of 2024. Their goal is the mobilization of persons who had deferment due to disability.