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Best Ministry of defence law Lawyers

Found 2 Ministry of defence law Lawyers


Adv. Ilanit Gadker Aharoni

Adv. Ilanit Gadker Aharoni

Tort law and insurance, national insurance, medical malpractice, victims of hostilities and terrorist attacks, wills and inheritances, notary

Torts Lawyers

5.0
Many thanks to Ilanit, a very serious, empathetic, and attentive lawyer, and many thanks to her entire team. Very satisfied with the service I received. I warmly recommend. Always available, patient, explaining every question. Much success and good health to the entire professional and exceptional teamRead Full Review
Languages: Hebrew, English, Arabic, Russian, French
Many thanks to Ilanit, a very serious, empathetic, and attentive lawyer, and many thanks to her entire team. Very satisfied with the service I received. I warmly recommend. Always available, patient, explaining every question. Much success and good health to the entire professional and exceptional teamRead Full Review
Languages: Hebrew, English, Arabic, Russian, French

Beer Sheva, 8489500

Omer

Gaza Envelope

Rahat

Arad

Dimona


Eldar Shabo & Co. Law Office

Eldar Shabo & Co. Law Office

Criminal/Military Law, Traffic Law, Insolvency and Judgement Execution Law Office

Criminal law Lawyers

5.0
Professionalism, responsibility and results! World champions. The beautiful and the right ones.Read Full Review
Languages: Hebrew, English, Arabic
Professionalism, responsibility and results! World champions. The beautiful and the right ones.Read Full Review
Languages: Hebrew, English, Arabic

HaOman St 25, Jerusalem


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General information on legal service

Dealing with the Ministry of Defense after an injury or illness that occurred during your service or due to circumstances related to it is a complex, emotional, and bureaucratic process. Recognition of your injury as stemming from service is the critical stage that opens the door to rehabilitation rights, assistance, and compensation, but the process itself requires in-depth knowledge, accurate documentation, and professional legal representation. A Ministry of Defense attorney is the professional designed to bridge the gaps between your situation and the system's requirements, ensure that your case is presented optimally, and that you receive the maximum recognition and compensation you are entitled to by law. Choosing an attorney specializing in this specific field is not just a recommendation, but a strategic necessity that will directly affect your financial, medical, and rehabilitative future.

Legal Basis: The Disabled Persons Law (Benefits and Rehabilitation) and Its Meaning

The rights granted to you as service casualties are primarily regulated by the Disabled Persons Law (Benefits and Rehabilitation) [Consolidated Version], 1959. This law, with all its amendments and associated regulations, is the core focus of Ministry of Defense attorneys.

This law defines those eligible for recognition, the conditions for determining disability, the types of benefits, and the rehabilitation assistance granted. Full understanding of the law, the legal precedents created following it, and the legal interpretation practiced in courts and before the compensation officer is the unique expertise of the attorney.

What Is "Causal Connection" and How Do You Prove It?

The central concept around which most claims revolve is "causal connection." In order to be recognized as IDF disabled or as victims of hostile actions, you must prove that the injury, illness, or deterioration in your medical condition was caused by the service, during it, and due to its circumstances. The burden of proof rests on you, and you must present decisive legal, medical, and factual evidence.

How Does a Ministry of Defense Attorney Help Prove Causal Connection?

  1. In-depth analysis of circumstances: Examining your service conditions, the specific events that led to the injury (including ongoing events such as wear or prolonged exposure to stressful situations) and the legal context.
  2. Medical collection and documentation: Collecting all medical files (military and civilian), medic reports, incident logs, and any document that can indicate the time of injury, how it developed, and the immediate connection to service.
  3. Obtaining expert opinions: In many cases, a medical opinion from a specialist in the injury field (orthopedics, psychiatry, neurology, etc.) is required. The attorney will know how to locate the appropriate expert, formulate the correct legal questions for them, and integrate the opinion convincingly into the case.
  4. Collecting relevant testimonies: The attorney can assist in collecting affidavits from people who served with you (commanders, unit members) who can confirm the circumstances of the injury and its connection to service.

What Is the Difference Between Injury by "Trauma" and Injury by "Illness" in the Context of Causal Connection?

"Trauma" is an injury caused by a sudden and acute event (such as an accident, fall, or combat incident). In this case, it is easier to prove the causal connection. "Illness" is an injury that developed gradually (such as heart disease, diabetes, or mental illnesses). In this case, the burden of proof is harder, and proof is required that the service was a decisive or exclusive factor in the illness's development. An expert attorney knows how to distinguish between the types and act accordingly.

The Bureaucratic Route: From Claim Stage to Medical Committees

The recognition and determination process with the Rehabilitation Division at the Ministry of Defense is a structured route, and the attorney accompanies you at all key points.

Stage 1: Submitting the Claim to the Compensation Officer

Submitting the claim is the first and most critical stage, as it creates the legal basis for the entire process. A complete and detailed claim form must be submitted along with all medical and military documents supporting the claim. The compensation officer examines the claim and may accept it, reject it, or approve it partially (for example, recognize the injury but not to the full extent claimed).

Stage 2: Appearing Before the Medical Committee

If the compensation officer recognizes your injury, you will be summoned to appear before a district medical committee. This committee, composed of specialist doctors on behalf of the Ministry of Defense, examines you, the submitted medical documents, and determines your official disability percentages according to the "disability tests" detailed in the regulations.

Disability Percentage DeterminedMain Entitlement Significance
0%-9%No recognition of monthly compensation; entitlement to medical treatment for recognized injury.
10%-19%One-time grant (capitalization) and entitlement to medical treatment.
20% and aboveRegular monthly compensation, rehabilitation assistance, and entitlement to additional benefits (according to disability percentage).
Over 90%"Enhanced" disabled - entitlement to increased compensation, comprehensive assistance, and extensive rehabilitation rights.

The table presents main rights and is not a complete list of all benefits.

Legal Representation Before Medical Committees

The medical committees are the "litmus test" of the case. An expert attorney can assist you in the following ways:

  • Mental and professional preparation: Preparing you for the hearing, emphasizing the correct way to present the injury and your functional limitations to the doctors, and avoiding verbal mistakes that could be interpreted against you.
  • Actual representation: The attorney is entitled to be present at committee hearings (according to the rules) and ensure that the examination process is proper, that your documents are taken into account, and that the questions asked are relevant and substantive.
  • Appeal of committee decision: In case of low disability percentage determination, the attorney will file an appeal to the supreme medical committee and legally formulate why the decision should be changed, based on procedural, legal deficiencies, or opposing medical opinions.

Can You Appeal the Supreme Medical Committee's Decision?

Yes. The supreme medical committee's decision can be appealed, but only on legal questions (such as exceeding authority, substantial defect in the process, or incorrect application of law) before the district court sitting as a court for administrative matters. The attorney is the only one who can perform this complex legal appeal process.

Maximizing Rehabilitation and Assistance Rights (Rehabilitation Division)

Recognition of disability is just the beginning. The ultimate goal is your full rehabilitation and reintegration into civilian life. The Rehabilitation Division at the Ministry of Defense provides a wide range of assistance and support, and an expert attorney helps maximize all these rights.

What Major Rehabilitation Rights Can Be Maximized with an Attorney's Help?

  • Educational assistance and vocational training: Funding for academic studies, vocational studies, or training courses, including monthly living expenses (subject to conditions). The attorney will assist in submitting applications, especially if you encounter refusal or bureaucratic requirements.
  • Housing benefits: Assistance in purchasing an apartment, preferred mortgages, and housing adaptation (such as widening entrances or installing elevators) for disabled persons who need it due to their limitations.
  • Medical vehicle and mobility: Funding or assistance in purchasing an adapted medical vehicle (according to disability percentage and impairment) and additional mobility aids.
  • Comprehensive medical treatment: Beyond covering treatment for the recognized injury, attorneys ensure you receive all the treatments, devices, and medications you need, without the need for exhausting struggle with the system.
  • Special benefits: Assistance in submitting applications for special compensation (medical treatment compensation, or special services compensation) for disabled persons who cannot earn a living or require others' assistance.

Consulting with the attorney at various rehabilitation stages ensures you don't miss vital benefits that can significantly improve your quality of life. In many cases, injured persons are unaware of all their rights, and the attorney serves as a "compass" helping them successfully navigate the complex rights map.

Focused Counseling: Representation in Post-Traumatic Stress (PTSD) and Mental Illness Cases

One of the most complex and sensitive focus areas for Ministry of Defense attorneys is recognition of mental injuries, primarily Post-Traumatic Stress Disorder (PTSD). Recognition of these injuries requires special sensitivity, accurate psychiatric documentation, and particularly strong legal proof of the causal connection between service and the illness's appearance.

Challenges in PTSD Recognition and How the Attorney Deals with Them:

  • Proving traumatic event (defining event): It must be proven that during service, an event or series of events occurred that have traumatic potential (combat, security incident, accident, exposure to difficult sights, etc.), and that they directly caused the illness's development.
  • Negating previous factors: The Ministry of Defense will often try to argue that the illness resulted from hereditary factors or events preceding service. The attorney will help obtain psychiatric opinions that refute these claims and prove the clear connection to service.
  • Preparation for psychiatric committees: Psychiatric committees are particularly meticulous. The attorney will thoroughly prepare you for the hearing and help you present your emotional and functional state fully and authentically, without "faking" or "minimizing" your suffering.

How Long After Discharge Can You File a Post-Trauma Claim?

According to law, the claim for mental injury must be filed within one year from the date of discharge from service. However, in many PTSD cases, the illness erupts or is diagnosed only many years after discharge. Expert attorneys in this field are familiar with case law allowing deadline extension or overcoming the statute of limitations barrier, particularly in cases where the psychiatric disorder is the reason for the delay in filing the claim. Therefore, even if much time has passed, it is important to seek legal advice.

LawReviews' Impact on Choosing Your Attorney

When you face the critical choice of an attorney who will accompany you in your Ministry of Defense claim, trust and reputation are the keywords. This is where the LawReviews platform comes in. On this page you will find a selection of attorneys specializing in the field who will be happy to assist you in filing a claim for injury or PTSD until full recognition.

Frequently Asked Questions

When is it better to contact an attorney - before or after filing the claim?

It is highly recommended to contact an attorney before filing the claim. The initial filing creates the legal basis for the entire process, and errors at this stage are very difficult to correct later. An attorney will help you collect the required documentation and formulate the claim accurately and legally.

What happens if my claim is rejected by the compensation officer?

If the claim is rejected, there is an option to appeal the decision before the appeals committee sitting in the district court. It is important to act quickly, as there is a relatively short statute of limitations for filing the appeal. The attorney will formulate the legal grounds for appeal and manage the hearings.

Does the attorney need to be present with me at the medical committee?

The attorney's presence at the medical committee is not mandatory, but highly recommended. His presence ensures that the procedure is conducted properly, that your procedural rights are preserved, and that he can respond in real time to questions or claims that arise.

Is it possible to request a re-examination for deterioration of condition even years after recognition?

Yes. If there has been a deterioration in your medical condition regarding the recognized injury, you can submit a request for deterioration. The attorney will build a case to prove the deterioration and ensure you are summoned to a repeat medical committee that will re-examine your disability percentage.

What is the attorney's role when an IDF disabled person needs nursing care?

The attorney assists disabled individuals who need assistance from others to submit a request for special services compensation. He ensures that the medical and functional documentation supports the nursing need, and represents the disabled person before the relevant committees to determine eligibility.

Do Ministry of Defense attorneys also handle claims for injuries during reserve duty?

Absolutely. Injuries that occurred during active reserve service are also recognized under the Disabled Persons Law. The claim process and legal accompaniment are very similar to claims of career soldiers and mandatory service members.

Is the Ministry of Defense attorney's fee fixed?

The fee is not fixed and varies between different attorneys. Usually, payment is made on a success fee basis, according to ceilings set by law and agreements. It is mandatory to ensure you have received a clear and detailed fee agreement before starting treatment.

What happens in the case of medical disability recognized partially?

Sometimes, the compensation officer recognizes the injury but determines it is only partially caused by service (for example, 50%). In such a case, the attorney will appeal the percentage determination and try to prove that the causal connection of the service to the injury is higher, in order to increase the compensation.

Does the attorney assist in dealing with the 'Recognition of Service Conditions' law (continuity casualties)?

Yes, this law relates to casualties whose injury developed due to prolonged service and is not related to a single traumatic event. The attorney is familiar with the differences in proving causal connection in these cases and the unique case law concerning 'continuity casualties'.

Is it possible to contact an attorney when the claim is for psychological injury caused by a previous recognized physical injury?

Yes. In cases where the psychological injury is a direct result or response to the recognized physical injury (for example, depression resulting from chronic pain), one can claim recognition of the psychological disability as 'derived disability'. The attorney will build the case for recognition of the combined injury.

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