Question 5804 — people with disabilities

Summary

Mr. Julien Gokel questions the Minister Delegate to the Minister of Labor, Health, Solidarity and Families, responsible for autonomy and disability, on the situation of people who have had their status as disabled worker (RQTH) recognized late and are therefore unable to benefit from the retroactivity of the specific rights associated with this status. Many people with disabilities are waiting for several years before starting the administrative procedures with the departmental center for disabled people (MDPH) with a view to having their status as disabled worker recognized by the commission for the rights and autonomy of disabled people (CDAPH). The reasons, as diverse as they are legitimate, can range from lack of information to the complexity of the process, sometimes including the difficulty in assessing one's own situation or by the evolution of the disability over time. For all these people, the rights granted late by a RQTH are unfortunately not retroactive. This particularly penalizes those who are approaching retirement age and who cannot therefore request early departure due to not having contributed enough quarters as a disabled worker. Today, the only possibility offered to these workers to asserting their rights is a long administrative and judicial process with different authorities: a national commission placed with the National Old Age Insurance Fund for Salaried Workers (CNAVTS), or even the social center of the judicial court, to hope to obtain the status of disabled worker retroactively. Given the situation experienced by many workers with disabilities, it is questions him on how the administration could facilitate the procedures and strengthen support so that the status of disabled worker is recognized retroactively; this would make it possible to repair numerous injustices experienced by thousands of people who have worked their entire careers without accommodation adapted to their physical, sensory, mental or psychological situation.

Machine translation from French. The official text remains authoritative.

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