Appeal of the EKOPFO (Expert Teams for Daily Functioning Assessment) Decision

Disagree with an expert team's disability decision? «Pravovyi Lider» analyzes EKOPFO (Expert Teams for Daily Functioning Assessment) decisions and medical documents, assesses the prospects of an appeal, and prepares a complaint to the Center for Assessment of a Person's Functional Condition (COFSO) or an administrative lawsuit. We represent clients during reviews and in court. We work throughout Ukraine, including remotely.

When Should You Appeal an EKOPFO Decision?

An EKOPFO (Expert Teams for Daily Functioning Assessment) decision may be appealed if it does not reflect the person's actual health condition, existing functional limitations, and medical records, or if it was made in violation of the established procedure. A dispute may concern not only a refusal to establish disability, but also the disability group, cause, duration, or other conclusions of the expert team.

• Refusal to establish disability. Persistent functional impairments are documented, but disability status has not been granted.
• Assignment of a lower disability group. The assigned group does not correspond to the documented limitations in daily activities.
• Cancellation of previously established disability. Disability status has been revoked even though persistent impairments remain.
• Refusal to extend disability status. The long-term nature of the illness or consequences of an injury has not been taken into account.
• Incorrect determination of the cause or duration of disability. Such an error may affect access to social guarantees.
• Failure to consider the need for permanent care or rehabilitation. The recommendations do not reflect the person's actual needs.

A diagnosis alone does not guarantee a particular disability group. The assessment considers the persistence of impairments and the extent to which they limit self-care, mobility, communication, or work. Even with the same diagnosis, the consequences may differ significantly between individuals. More information is available in our article about obtaining disability group II.

Grounds for Appealing an Expert Team's Decision

Medical grounds: examination results and doctors' conclusions that were not considered, accompanying illnesses, consequences of injuries, and documented limitations in self-care or mobility. It is important to demonstrate the connection between the medical condition and specific functional limitations.

Procedural grounds: incomplete examination of case materials, violations of the assessment procedure, or improper preparation of the decision that may have affected the outcome. However, ordinary clerical errors can sometimes be corrected through a separate application without a full appeal.

How to Appeal an EKOPFO Decision

There are two options: an administrative appeal to COFSO and a judicial appeal before an administrative court. Applying to the Center is not always a mandatory prerequisite for filing a lawsuit. The choice depends on the subject of the dispute, evidence, and applicable deadlines.

The administrative procedure allows another expert team to review the justification for the medical conclusions and, under the prescribed conditions, conduct a reassessment. The court examines the legality of decisions, actions, and inaction and protects violated rights. A court claim may also be necessary after the COFSO review.

Administrative Appeal of an EKOPFO Decision to COFSO

Where to Submit a Complaint

A complaint may be submitted to COFSO in paper form or electronically through the system with the assistance of the referring physician, if technically available. A paper complaint may be sent by post or submitted to the Center's office.

Mailing address: 1-A Feodosiia Makarevskoho Lane, Dnipro, 49005, Ukraine. Keep a copy of the complaint and proof of sending it. A scanned copy sent by email does not replace a signed paper copy, which must also be sent by post.

Deadline for Filing a Complaint

The deadline is 40 calendar days from the date the extract from the expert team's decision is sent to the applicant or their representative. This is the wording of paragraph 60 of the Procedure approved by CMU Resolution No. 1338, as effective in 2026. Check the date the extract was sent, not merely the assessment date or the date you actually read it.

What Should the Complaint Contain?

The complaint must identify the applicant, the decision being appealed, the reasons for disagreement, and the applicant's demands:

• personal and contact details of the applicant and, where applicable, their representative;
• the date and number of the contested decision;
• specific demands regarding its review;
• reasons for disagreeing with the decision;
• references to medical documents and other evidence;
• a list of attachments, date, and signature for a paper complaint.

What Documents Should Be Attached to the Complaint?

Depending on the case, the following documents may be required:

• an extract from the EKOPFO (Expert Teams for Daily Functioning Assessment) decision;
• the referral and materials from the previous assessment;
• hospital discharge summaries and medical records;
• examination results;
• conclusions from relevant medical specialists;
• documents confirming functional limitations and the need for care;
• an audio or video recording of the assessment, if available and relevant;
• proof of the representative's authority, if the complaint is filed by a representative.

This list is not mandatory for every case. Some materials are already available in the electronic system, while certain documents may be requested by the Center. The complaint must comply with Annex 3 to Procedure No. 1338.

What Happens After Submitting a Complaint to COFSO?

The Center checks whether the complaint has been properly prepared, whether the deadline has been met, and whether the representative has the necessary authority. If mandatory information is missing, the complaint may be left without further processing. Once the deficiencies are corrected, resubmission is possible, unlike when the applicant voluntarily withdraws the complaint.

The expert team examines the contested decision, medical case file, and assessment recordings, if available. The review may be conducted in person, without the applicant's presence, or using telemedicine, according to the established criteria and taking into account the applicant's request. Under certain conditions, a reassessment may be conducted or additional examinations prescribed.

As a result, COFSO may uphold or cancel the previous decision or issue a new one. For paper complaints, an extract is sent by registered mail no later than five working days after the decision. For electronic submissions, the referring physician receives the information and notifies the applicant.

What to Do If You Miss the EKOPFO Appeal Deadline

If the 40-day deadline was missed for valid reasons, a request to restore the deadline may be submitted to COFSO together with supporting evidence. Recognized grounds include documented temporary incapacity for work, business travel, or military service.

The request must be submitted within 10 working days after the relevant circumstances end, but no later than one year from the date of the contested decision. Once the deadline is restored, the complaint must be submitted within 10 working days of receiving the notification. Restoration is not guaranteed without supporting documents.

Appealing an EKOPFO Decision in Court

An EKOPFO (Expert Teams for Daily Functioning Assessment) decision may be challenged before an administrative court without necessarily applying to COFSO first. This may be appropriate when there are grounds to believe that the decision is unlawful, the procedure was violated, or the authority failed to perform the required actions.

The attorney identifies the defendant, formulates the claims, and prepares the administrative lawsuit. Depending on the circumstances, the claim may seek cancellation of an unlawful decision and an order requiring the competent authority to reconsider the case. The court generally reviews the legality of the assessment rather than determining the disability group instead of the expert team.

The filing deadline is determined under the Code of Administrative Procedure of Ukraine, taking into account when the person learned of the violation and whether they used a pre-trial appeal procedure. The general deadline is usually six months; after a pre-trial appeal, a three-month deadline may apply under the conditions specified in the Code. The exact calculation must be verified. The attorney also prepares motions, collects evidence, and represents the client in court.

When Is a New Assessment Better Than Appealing the Previous Decision?

An appeal examines whether the decision was justified at the time it was made. If a new illness develops afterward, the person's condition deteriorates, or significant limitations arise that did not previously exist, a new assessment based on a doctor's referral may be more appropriate.

For example, if a person undergoes surgery and loses some mobility after a refusal, the doctor should document the new condition. However, if the expert team ignored examinations already available at the time, there may be grounds for an appeal. New medical documents should be assessed in relation to the date of the contested decision.

How an Attorney Helps Appeal an EKOPFO Decision

We review the decision, referral, medical discharge summaries, examination results, and procedural documents; determine deadlines; prepare a complaint or lawsuit; and organize evidence, applications, and motions. Where necessary, we request additional materials and represent the applicant during the review or in court.

Medical evidence must explain how the illness limits everyday life rather than merely state the diagnosis. An attorney does not replace medical professionals or promise a particular disability group. Their role is to ensure proper consideration of the evidence and compliance with the procedure.

Servicemembers may also need to pursue an appeal against a MMB decision. This is a separate procedure: the MMB assesses fitness for military service, while EKOPFO (Expert Teams for Daily Functioning Assessment) addresses everyday functioning and disability.

How We Work

1. We obtain the EKOPFO (Expert Teams for Daily Functioning Assessment) decision and medical documents. We examine the extract, medical records, and circumstances of the case.
2. We analyze the grounds and deadlines for appeal. We check the date the extract was sent, medical conclusions, and potential violations.
3. We choose an administrative or judicial remedy. We compare available options and procedural risks.
4. We prepare the complaint, evidence, or lawsuit. We formulate the demands, organize attachments, and submit the documents.
5. We support the case until a decision is made. We participate in the review and evaluate the outcome.

Why Choose «Pravovyi Lider»?

At «Pravovyi Lider», Viktoriia Volodymyrivna Pavlusenko practices military law, with EKOPFO (Expert Teams for Daily Functioning Assessment) and MMB decision appeals listed among her areas of expertise. Oleksii Vitaliiovych Oropai handles administrative disputes and court representation. The team members and their specializations can be verified in their professional profiles.

We analyze both medical and procedural documents: whether all materials were considered, how the decision was justified, and whether the procedure was followed. This helps identify specific grounds for a complaint or lawsuit.

We work throughout Ukraine, offering remote document analysis and preparation of appeals. The format of personal participation in an assessment is determined by the applicable procedure. Before signing an agreement, clients should verify the details of the attorney who will provide court representation, their valid attorney certificate number, and confirmed information about relevant experience.

Get an Attorney Consultation on Appealing an EKOPFO Decision

To obtain an attorney consultation, contact the law firm «Pravovyi Lider» in any convenient way: by phone, email, or by visiting our office in person.

For a detailed review of your situation, you will need an extract from the EKOPFO (Expert Teams for Daily Functioning Assessment) decision, key medical documents, and information explaining why you disagree with the decision. An attorney will check the deadlines and appeal procedure, assess possible grounds for reviewing the decision, and recommend a plan of action.

Frequently Asked Questions (FAQ)

Can a Relative or Attorney File an Appeal Against an EKOPFO Decision on Someone Else's Behalf?

Yes. A complaint may be submitted by an authorized representative. Family ties alone do not replace proof of authority. An attorney confirms their authority to represent the person in accordance with the law; for electronic submissions, the doctor verifies the documents.

Are Pensions, Social Payments, or Benefits Suspended During an EKOPFO Appeal?

Filing a complaint does not automatically suspend all payments and benefits. The consequences depend on the validity and duration of the disability status, the type of assistance, and decisions of the authorized authorities. If disability status has been canceled, eligibility for payments must be reviewed separately.

Can a Complaint Already Submitted to COFSO Be Withdrawn?

Yes. A complaint may be withdrawn at any stage after submission. The Center will then leave it without consideration. Before withdrawing, it is important to consider restrictions on filing another complaint.

Can the Same Decision Be Appealed Again After Withdrawing a Complaint?

No. Once withdrawal of the complaint has been accepted, another complaint to COFSO concerning the same decision is not permitted (paragraph 71 of Procedure No. 1338). However, if a complaint was left without further processing due to formal deficiencies, it may be resubmitted after those deficiencies are corrected.

Can You Appeal an EKOPFO Decision While Continuing Treatment or Rehabilitation?

Yes. An appeal does not require stopping treatment or rehabilitation. Keep new medical documents, but distinguish evidence of your condition on the date of the decision from subsequent changes.

What If Your Health Deteriorates While the Complaint Is Being Reviewed?

Have the deterioration documented by a doctor and obtain updated medical records. It is necessary to determine whether this information confirms an error in the previous assessment or provides grounds for a new referral.

Does Appealing an EKOPFO Decision Affect the Right to Deferment from Mobilization?

Filing a complaint does not automatically create or extend a deferment. The validity of the grounds, status, and supporting documents must be checked.

Can a Servicemember Appeal an EKOPFO Decision While Performing Military Service?

Yes. A servicemember may apply personally or through an authorized representative. Documented military service may provide grounds for restoring a missed deadline. EKOPFO (Expert Teams for Daily Functioning Assessment) and MMB decisions are appealed under different procedures.