Complaint against a decision of a social security organization (invalidity, incapacity, incapacity)

Verified 15 September 2026 - Public Service / (Prime Minister)

A claim against decisions of social security bodies relating to invalidity, incapacity or incapacity must be presented to the Medical arbitration committee (CMRA). We are talking about medical litigation. If this compulsory prior remedy fails, the court of your domicile has jurisdiction. On appeal, the Social Chamber of the Court of Appeal has jurisdiction. We explain the rules to know.

Step-by-step approach

The appeal in front of CMRA: titleContent is mandatory before any contentious procedure.

What are the disputes involved in the CMRA appeal?

The CMRA has jurisdiction over all medical disputes (e.g. consolidation your state of health) for the application of social security rules and the MSA: titleContent.

In addition, it is competent for the following disputes:

  • Disability status or level, in case of accident or illness (excluding accident at work)
  • Status or degree of permanent incapacity for work, including the level of such incapacity, in the event of accident at work or occupational disease
  • State of incapacity for work for persons covered by the Rural and Maritime Fisheries Code.

Please note

The Ministry of Labor explains the differences between disability, incapacity and incapacity.

Who can seize the CMRA?

Any insured person can refer the matter to the CMRA.

When to seize the CMRA?

The deadline for submitting a complaint to the CMRA is 2 months from the date of notification the decision you are challenging.

How to seize the CMRA?

You must enter the CMRA by registered letter with : titleContent. This proves, if necessary, that the matter was referred to the CMRA within the two-month period.

In your letter, you must indicate the reasons for your objection and attach a copy of the notification of the contested decision.

The address of the CMRA shall appear on the notification of the contested decision.

How is the application to the CMRA processed?

The CMRA may decide to conduct a medical examination. In this case, you are summoned by post at least 15 days before the exam. You can then be accompanied by the doctor of your choice.

The decision shall be notified to you. It must be motivated.

Past delay of 4 months from the time the prior action is brought, theno response of the CMRA means that your request is rejected.

This implied decision to reject may be challenged in court.

When should your application be submitted to the court?

You must address your request to the judicial court (social pole) or send it by registered letter with : titleContent within 2 months :

  • From the date of notification of the CMRA decision you are challenging
  • Or, in the absence of a response from the CMRA, from the expiry of the 4-month period available to it to respond to your complaint.

What is the competent court?

The competent court is specially designated and depends on your domicile.

His address shall be indicated, where appropriate, on the acknowledgement of receipt or the decision of the CMRA: titleContent and through the crate.

How should the request be addressed to the court?

It is possible to send your request on site or by mail.

FYI  

It is not possible to send this request by email.

In addition, you must pay a tax stamp from €50 to bring your claim to court, unless you are a beneficiary of legal aid

On site

You can file your request.

To do this, you must:

  • Fill out the form
  • Attach the mentioned documents
  • Reset folder to 2 copies the single reception service of the litigant (SAUJ) of the court of your domicile.

Application to refer the matter to the court - Social security and social assistance litigation

By post

You can send your request by registered letter with : titleContent in the court of your home.

This completed form and all documents requested in the form are to be submitted in 2 copies.

Application to refer the matter to the court - Social security and social assistance litigation

Can we be assisted or represented before the court?

Yes. You can be assisted (e.g. by a union representative) or represented (e.g. by a lawyer).

You can also appear alone.

FYI  

If you are assisted by a lawyer, you can benefit from certain conditions of legal aid.

How is the application for judicial review handled?

The court summon you by mail at least 15 days before the hearing.

One medical consultation may take place during the hearing. You may then be asked to provision immediate for expertise costs.

The court office notifies you of the decision. The notification indicates the time limits and remedies before the court of appeal.

There are several situations:

Répondez aux questions successives et les réponses s’afficheront automatiquement

The dispute concerns an amount greater than €5,000

Where the dispute concerns an amount greater than €5,000, you can appeal to the social chamber of the court of appeal.

This call takes place in a one month delay from the date of notification of the judgment of the court.

A lawyer is not required before the Court of Appeal.

The court registry notifies you of the decision.

Who shall I contact

The dispute concerns an amount of less than €5,000

If the dispute is for an amount less than €5,000, you can refer the case to the Court of Cassation in a 2 months delay from the date of notification of the judgment of the court.

The dispute concerns an indeterminate amount

If the dispute concerns an indeterminate amount (example: the damage does not give rise to a specific amount), you can appeal to the social chamber of the Court of Appeal.

This call takes place in a one month delay from the date of notification of the judgment of the court.

A lawyer is not required before the Court of Appeal.

The court registry notifies you of the decision.

Who shall I contact

You can benefit from certain conditions of llegal aid.

The approach varies depending on the situation (following a decision of the court of last resort or a decision of the court of appeal):

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Following a decision of the court of last resort (amount less than € 5,000)

If the decision of the court is final (this is the case for disputes involving an amount less than €5,000), you can appeal to the Court of Cassation within a period of time 2 months from the date of notification of the judgment of the court.

Who shall I contact

You must call on a lawyer at the Council of State and the Court of Cassation:

You can benefit from certain conditions to benefit from legal aid.

Following a decision of the Court of Appeal

Where the dispute concerns an amount greater than €5,000 or an indeterminate amount.

Where the dispute concerns an amount greater than €5,000 or an indeterminate amount.

If you are not satisfied with the decision of the Court of Appeal, you can refer the matter to the Court of Cassation within a period of time 2 months from the date of notification of the judgment of the Court of Appeal.

Who shall I contact

You must call on a lawyer at the Council of State and the Court of Cassation:

You can benefit from certain conditions of legal aid.

Who can help me?

Find who can answer your questions in your region

  • Health Info Rights

    Telephone line created by a collective of user associations to provide legal or social information related to health

    By phone

    01 53 62 40 30

    Price of a normal communication

    Open service:

    • Monday, Wednesday and Friday from 2pm to 6pm
    • Tuesday and Thursday from 2pm to 8pm.

    By email

    https://www.france-assos-sante.org/sante-info-droits/

    The maximum response time by email is 15 days.