blog.cat.rights8 min read9/25/2026

The Medical Committee Reduced the Disability Percentage: 30 or 60 Days to Appeal?

The appeal route depends not only on the outcome, but also on which committee issued it and whether the matter concerns general disability or a work injury. In one case, the hearing takes place before the physicians of the Medical Appeals Committee; in another, before the Regional Labor Court, which examines legal questions only.

Numbers and facts

•60 days—appeal in a general disability case
•30 days—appeal concerning a work injury
•An additional 30 days—for submitting reasons concerning a work injury
•60 days—application to the court after the Medical Appeals Committee
•2–3 physicians—committee in a general disability case
•Less than 80%—condition for appealing the medical disability percentage in a general disability case

First, Determine Who Reduced the Percentage

If the decision was issued by a first-instance Medical Committee, the next stage is the National Insurance Institute’s Medical Appeals Committee. In general disability cases, the medical disability percentage may be appealed if the disability was assessed at less than 80%; the appeal must be filed in writing and include reasons. If the Medical Appeals Committee has already reduced the percentage, there is no further medical appeal: its decision is considered final from a medical standpoint. In that case, an application may be filed with the Regional Labor Court—on legal questions only.

The Deadline Depends on the Type of Disability

In general disability cases, an appeal concerning the medical disability percentage must be filed within 60 days from the date the written notice is received. The same 60-day deadline applies to an appeal concerning the degree of incapacity, but that matter is heard by a committee composed of experts in employment, rehabilitation, and medicine. For disability resulting from a work injury, the deadline is shorter: a written appeal must be filed within 30 days. If the appeal was filed on time without reasons, an additional 30 days are allowed for submitting the reasons.

When to Apply to the Labor Court

A decision of the Medical Appeals Committee may be appealed to the Regional Labor Court within 60 days after receiving the written notice. The court does not replace the physicians and does not determine a new percentage merely because the applicant or treating physician believes the assessment is too low. The application must formulate a legal question concerning the Medical Appeals Committee’s decision rather than present the medical dispute anew. The government portal permits online filing and provides a separate form for filing a claim or appeal against a National Insurance Institute decision.

Which Documents Strengthen the Appeal

The written decision and the committee’s protocol must be attached to the application so that it is clear which diagnoses and limitations have already been examined and how the outcome was calculated. Reasons must be included: it is not enough to write that the percentage is unfair—the applicant must specify which part of the decision they disagree with and which medical documents support that position. Up-to-date medical opinions and documents confirming the condition or its deterioration are of practical importance; the National Insurance Institute expressly permits such documentation to be sent through its website. It is also advisable to retain proof of the date on which the decision was received and confirmation of filing, because the deadline is calculated from receipt of the written notice.

The Appeal May Also Lead to a Further Reduction

The Medical Appeals Committee may not only increase the percentage, but also leave the decision unchanged, modify it, or annul it. If a general disability committee is considering reducing a percentage that has already been determined, it must notify the applicant; in certain cases, the appeal may be withdrawn. In work injury cases, the National Insurance Institute expressly states that after such a warning, the applicant may withdraw the appeal, in which case the percentage determined by the first committee will remain in effect. Therefore, before filing, it is important to compare the protocol with the medical documents and understand precisely which error is being challenged.

FAQ

Where is an appeal filed if the first Medical Committee reduced the percentage?

In general disability cases, a written application must be filed with the National Insurance Institute branch for the applicant’s place of residence within 60 days. For a work injury, an appeal must be filed with the Medical Appeals Committee within 30 days.

Can an application be filed directly with the court without first going through the Medical Appeals Committee?

When the dispute concerns the medical disability percentage, an appeal must first be filed with the National Insurance Institute’s Medical Appeals Committee. Only its decision may be appealed to the Regional Labor Court, and only on legal questions.

From which date is the appeal filing deadline calculated?

The deadline is calculated from the date the written notice of the decision is received, and not necessarily from the date of the committee hearing. It is therefore advisable to retain the letter, electronic notice, or other proof of the date of receipt.

Can the Medical Appeals Committee reduce the percentage even further?

Yes. The Medical Appeals Committee may also modify the decision by reducing the percentage. If it is considering doing so, it must warn the applicant; the option to withdraw the appeal depends on the type of proceeding, and in a work injury case, withdrawing the appeal leaves the percentage determined by the first committee in effect.

What should be written in the appeal instead of the sentence “I disagree”?

The arguments should be linked to specific findings in the protocol and to the attached medical documents: precisely what, in the applicant’s view, was not reflected or was assessed incorrectly. This is not sufficient for the court: there, a legal question must be identified because the court does not conduct a new medical assessment.

What to do next

First, obtain the complete written decision and the protocol, note the date they were received, and determine whether this was the first committee or the Appeals Committee, and whether the matter concerns general disability or a work injury. Next, compare the committee’s conclusions with up-to-date medical documents and check the applicable deadline—30 or 60 days. If the decision has already been issued by the Medical Appeals Committee, the subject of the application to the court must be legal, and not merely medical disagreement.