Disability assessment - a complete guide: from application at PZON to court case.

20 April 2026

Obtaining a disability certificate is a process that, for many people, becomes a
the beginning of the fight for their rights, relief and support in their daily lives. Although with
The assumption is that this procedure should be supportive of the citizen, in practice it often resembles a
A complicated obstacle course. As lawyers, we observe that most problems during the
proceedings before the Disability Assessment Panel is not due to a lack of
medical basis, but from ignorance of the procedures and specifics of adjudication. It is therefore worth knowing
pathway, which starts at the District Disability Assessment Board, and
sometimes finds its finale only in the courtroom.

At the outset, it is important to clarify an extremely important point that often raises doubts among people
seeking to establish the degree of disability - in the case of these proceedings
The disability certificate is not issued by the Social Insurance Institution, but by the competent
the District or Municipal Team of the person's place of permanent residence
The European Disability Assessment Board. It is important to be aware that a disability certificate
issued by such a Panel serves an entirely different purpose than a declaration of incapacity for work
issued by the Social Insurance Institute's Medical Examiner. While ZUS only assesses the ability to
the performance of gainful employment for the purposes of granting a pension or other benefits from the
social security, Disability Assessment Boards focus on
a person's functioning in everyday life, their social barriers and
demand for specific reliefs and entitlements. Although the medical records in both these
cases may be complementary, these judgments are not the same and do not replace each other
each other's legal transactions.

Submission of an application to the District Assessment Team
Disabilities

Every case originates at the County or Municipal Adjudication Panel.
The Disability Advisory Committee (depending on where you live). This is where you file
the first application with medical documentation of the condition. Many people make
error by treating this stage as routine. However, it should be borne in mind that the adjudicating panel relies primarily
primarily on the medical records provided and the medical certificate of condition
health for the purposes of the Disability Assessment Panel. If your medical history is
incomplete or lacking up-to-date test results, even an obvious medical condition may not
to be classified in the appropriate degree of disability. It is also important to bear in mind
Whereas the aforementioned medical certificate has a specific validity period of 30 days, after
the expiry of which, if no application for a degree of
disability then it is necessary to obtain a further medical certificate on the condition of the
health.

Unsatisfactory ruling and appeal procedure

Upon receipt of the decision from the County or Municipal Assessment Team
A Disability Assessment Committee which does not meet the expectations of the Applicant - for example, it awards a mild
degree of disability instead of moderate - a fourteen-day time limit is opened for
lodging an appeal. The letter shall be addressed to the Provincial Assessment Body.
The application shall be submitted to the Disability Committee, but shall be made through the authority that issued the first
ruling. Such a procedure is due to the fact that the authority of first instance, after reviewing the
appeal must be able to amend the ruling by way of self-review. It should be borne in mind that
The appeal may concern not only the indication by the panel of the wrong degree of
disability, but also, inter alia, a change in the symbol of the cause of disability or the
correction of indications which determine, for example, the need for permanent or long-term care or
orthopaedic supplies.

Certificate of disability - appeal

An appeal to the Regional Disability Assessment Board should
include in particular: the correct identification of the contested decision (number, date, authority),
indicating a specific request, e.g. a change in the degree of disability, and justification, in
in which it is useful to elaborate on issues related to the daily functioning of the person
disabled person while enriching the appeal with a description of the medical documentation. Worth
at this stage also attach to the appeal the new medical documentation that has emerged
between the date of the application for a disability certificate and the date of the
to lodge an appeal against such a ruling (if one exists and has been obtained).

Appeal against the decision of the District or Municipal Assessment Body on
The application for a Disability Declaration can be made in person at the premises of the Panel which issued the certificate or
send them by registered post to the post's address. In the first case, you should have with you
a copy of the Ad Acta on which the employee will acknowledge that an appeal has been lodged, and in the case of
If the appeal is sent by post, proof of postage must be retained.
Following the receipt of an appeal, the Disability Assessment Panel has, in principle, 7
days to forward it, together with the case file, to the Provincial Adjudication Panel of the
Disability Committee.

However, it is often the case that the Provincial Disability Assessment Board
upholds the original ruling, which seems to be the end of the road for many. W
In fact, it is merely the conclusion of the administrative phase, which closes the proceedings
in front of the adjudication panels, but at the same time opens the way for the assertion of one's rights
before the ordinary courts.

Proceedings before the Labour and Social Security Court

If the decision of the Provincial Disability Assessment Board remains
unfavourable, the next step is to lodge an appeal with the competent District Court.
The time limit for filing an appeal is thirty days from the date of service of the decision.

Moving the dispute to court changes the position of the claimant dramatically. Importantly,
The filing of such an appeal is completely free of court fees.
Before the court, we become a party to the proceedings and have the right to make requests for evidence and
challenge the opinions prepared on behalf of the authority. An appeal to the General Court need not be
complex, but should include basic elements such as: accurate identification of
of the contested decision, setting out the pleas in law, applications (e.g. for evidence) and their
reasons and the signature of the party or its representative.

In the course of legal proceedings, expert witnesses play the most important role. They are doctors
specialists who are independent of the PZON and WZON structures and whose task is to objectively assess the condition of the
the health of the appellant. The court decides on the basis of their opinions, and it is a key right of the party
proceedings is the possibility of filing objections against an unfavourable expert opinion. If such an opinion
is unclear, contradictory to previously collected medical records or cursory, the party
has the procedural tools to raise objections, request supplementary explanations or
request the appointment of another specialist. It is before the court that it is most often successful
arrive at an outcome that actually corresponds to the actual degree of violation of the
fitness of the body.

The path from the initial application to the final court case can be exhausting and requires
great meticulousness. Any formal error or oversight in medical records can
make the chance to get a fair ruling lost for years. Fighting alone
with the official machinery, and in particular the substantive polemics with the opinions of expert witnesses, this
a challenge requiring not only patience but also an excellent knowledge of intricate procedures.
Therefore, in order to minimise the risk of error and to make sure that every argument is
properly presented, it is worth using a professional attorney. Our
The law firm offers support at every stage - from the preparation of the application and appeals to the
professional representation in the Labour and Social Insurance Court. We invite you to
contact us to ensure that together we can successfully assert your rights.