장애등급외 결정처분취소
1. The Defendant’s disposition other than the disability grade against the Plaintiff on March 21, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Details of the disposition
On March 6, 2015, the Plaintiff filed an application for registration of disabled persons with the B office on February 8, 2017 on the ground of delayed disability, etc. caused by a traffic accident that occurred while walking (hereinafter “instant accident”).
On March 21, 2017, the Defendant, a specialized institution for disability ratings, received notice of the following examination results from the National Pension Service, and rendered a decision on disability ratings (hereinafter “instant disposition”) to the Plaintiff.
According to the psychological evaluation report in December 2015, intelligence index 80, simple mental condition test (MmE) is assessed as 28 points (number 30 points). Since then, additional outbreak of cerebral disease that may deteriorate recognition and objective aggravation check is not verified, treatment progress, etc., it does not constitute the intellectual disability grade criteria under the disability grade criteria.
Accordingly, I shall be judged aside from the grade.
On April 5, 2017, the Plaintiff dissatisfied with the instant disposition, and filed an objection with the Defendant. On April 24, 2017, the Defendant received a notice of the following results from the National Pension Service and dismissed the Plaintiff’s objection on the same day.
As a result of the reexamination, intelligence test (K-WAS IV) was entered into 58 intelligence index as a result of a brain disease in the disability diagnosis report, but it was turned to a simple stamp test (MMMM) 28 (30 points) in December 2015 after the occurrence of brain damage in March 2015, it was evaluated as 80 points in intelligence index as a result of an intelligence test (K-WAS IV), and it is not confirmed that there is an objective aggravation test, such as an additional outbreak of brain disease that may deteriorate the recognition base, and it is not recognized that there is a decrease in the recognition function to the extent that it is a disability, considering the progress of treatment due to a mental problem, the fact that it is accompanied by a qualitative mental disorder in the form of a post-disabled disability diagnosis report, etc.
Accordingly, I shall be judged aside from the grade.
On July 27, 2017, the Plaintiff filed an administrative appeal with the Standing Committee on Administrative Appeals, Chungcheongnam-do, Seoul, but was dismissed on October 13, 2017.
[Ground of recognition] The fact that there is no dispute, A.