Revision of the disability rate in Bituach Leumi: pitfalls and hidden threats
“I was assigned 56% permanent disability due to an occupational disease. But the condition is getting worse, everyday chores are becoming more difficult. Should I “apply” for an increase in interest? During the revision, can they downgrade what already exists?” - Alex.
Answered by a specialized lawyer for Bituach Leumi from the team of the law office “Zubok and Partners”
Yes, the percentage can be reduced
When you apply for a disability percentage review, Bituach Leumi starts the entire procedure over again. This means a new medical board, a new assessment of your condition and a new decision.
The Commission is not bound by the previous decision. If she decides that your condition has improved, the percentage may be reduced, even if you are subjectively worse.
This is not injustice in the legal sense. This is the bureaucratic reality of the Israeli insurance system.
Is it worth trying to increase the percentage?
If the condition has really worsened, and in Alex’s case new symptoms have appeared that were not present at the first commission, there are real grounds for an upward revision.
The question is not whether to apply or not. The question is how to present it.
The difference between filing on your own and filing with an attorney is more than just convenience. This is a strategy. The lawyer knows what documents are needed, how to correctly describe the deterioration of the condition, what to say at the commission and what absolutely cannot be said. He plays this game according to the rules of the system, which is why the result is different.
What does the procedure look like?
To revise the percentage, you need to submit an application to Bituach Leumi with justification for the deterioration of your condition. The application must be accompanied by current medical documents: doctors’ reports, examination results, treatment history. After this, a medical commission is appointed, which assesses the current condition.
Medical documents alone are usually not enough. The panel looks not only at the diagnosis, but also at how the condition affects daily life and ability to work. EU