Law 104: severe disability status can be claimed without specifying an individual benefit

Severe disability status has independent legal significance and can be judicially established without identifying a particular benefit sought. The Tribunal of Foggia applied this principle in judgment No. 1212 of 10 April 2024, also considering the effect of an earlier ruling that preliminary expert proceedings were inadmissible.

Following a reassessment, the claimant sought recognition under Article 3(3) of Italian Law No. 104/1992. The earlier proceedings under Article 445-bis of the Code of Civil Procedure had been declared inadmissible on this issue because no current, concrete interest had been specified. Separate proceedings on the merits followed.

The Tribunal held that, in these circumstances, conclusion of the preliminary proceedings satisfied the procedural prerequisite for bringing the claim, and that the original application prevented expiry of the relevant time limit. The preliminary inadmissibility ruling did not constitute a final determination of the substantive right.

As to standing, the judge referred to Court of Cassation case law, including decision No. 36948/2022. Recognition of severe disability matters in itself because it is a prerequisite for various protective measures. It is not invariably necessary to identify one specific advantage to justify seeking that recognition.

Relying on the expert evidence, the Tribunal recognised severe disability from 4 October 2021, the reassessment date, and ordered INPS to pay the case and expert costs. It did not determine costs of the previous preliminary proceedings, since this was a separate merits action. The judgment distinguishes access to judicial protection from medico-legal proof of the condition claimed.

View the court decision (PDF) ↗

https://studiolegalecelentano.com/en/news/preliminary-technical-assessment-and-recognition-of-severe-disability