2024-03-04 14:47:18
A contradiction in the law leaves some disabled people without financial support. Ombudsman Diana Kovacheva warned about this.
It is about the cases in which the decision of TELC is appealed, and the National Expert Medical Commission (NELC) cancels it and returns it for a new review.
For 2023, NELC received 12,435 complaints against TELC decisions. Again, towards the end of last year, the number of people who receive disability pensions in our country is over 450,000.
In 2005, after severe meningitis and suspected multiple sclerosis, Sylvia was left with a 76% reduced ability to work. He was only 27 years old then. Over the years, she becomes almost immobile, but TELK-Sliven lowers her rates. “They reduced them from 70% to 20%,” notes Silvia Dobreva from Nova Zagora.
Her pension has been interrupted several times, and as of November 2022 it has been permanently suspended. Silvia writes a request to the ombudsman, as well as to the Ministry of Health. He appealed the decision many times.
“NELC say: ‘Please pay attention and give percentages for this severe past meningoencephalitis,’ because by regulation these percentages are applied,” explains Silvia Dobreva.
However, TELK-Sliven claims that their decision is based on the medical documents. “We are not a diagnostic unit, TELK works on specified diagnoses,” says Dr. Liliana Nikiforova, president of TELK-Sliven.
According to the current regulations, such cases should not occur.
“During the appeal period (of the expert’s decision on permanently reduced working capacity/type and degree of disability) the person enjoys the rights arising from the appealed expert’s decision,” says the opinion of NELC.
However, the pensions are suspended because of a contradiction in the law, according to an opinion of the ombudsman.
“When there is an appeal, a disability pension is granted in the amount of the social old-age pension, but it is very small in size and cannot cover all the expenses of the people. When there is an appeal, people’s needs do not decrease, nor do their costs for treatment”, Ivan Dechev from the “Rights of People with Disabilities and Discrimination” department at the Ombudsman is emphatic.
The social pension for old age is below BGN 280.
“The currently operating system leads to either people waiting without income and funds, or agreeing to incorrect TELK decisions,” explains Ivan Dechev.
And people like Silvia are waiting. The woman has no money even for food. That’s why her 70-year-old mother went abroad – in search of work.
“I’m going to Italy to look after a grandmother with dementia to help my daughter because she can’t buy her medicine,” explains Dinka Stancheva, Silvia’s mother.
The Ministry of Health told bTV that they are working on changes to the law to guarantee people’s social rights and pensions in these cases as well.