Legal services

Our successes in court

Administrative Court – injunction – autism, severe intellectual disability

A man diagnosed with autism and severe intellectual disability had, for several years, received personal assistance compensation from the Swedish Social Insurance Agency (Försäkringskassan). At a two-year review, Försäkringskassan decided to withdraw the compensation, arguing that his fundamental needs did not amount to 20 hours per week. The decision was appealed, and a request for inhibition was filed (meaning that Försäkringskassan’s withdrawal decision would not apply until the court made its final ruling). The Administrative Court granted the inhibition.

Administrative Court – lissencephaly – right to personal assistance

The municipality had rejected the application for personal assistance for a 2.5-year-old child, claiming that the child’s need for support did not meet the requirements for being granted personal assistance. The municipality argued, despite acknowledging that the child required hands-on help during meals, that such assistance fell within the scope of normal parental responsibility for a child of the same age. However, the Administrative Court overturned the municipality’s decision and ruled that the child was entitled to personal assistance. The municipality is responsible for calculating the total number of assistance hours to be granted.

Administrative Court – epidermolysis bullosa – right to additional assistance compensation

The case concerned a child with the severe skin disease epidermolysis bullosa (EB) who had been granted personal assistance compensation from the Swedish Social Insurance Agency (Försäkringskassan). The issue in the case was whether the child was entitled to additional assistance compensation beyond what Försäkringskassan had approved, specifically regarding the need for active assistance throughout the night and double assistance in several situations. The Administrative Court granted the request for full-night assistance and also determined that double assistance was required for several tasks, such as showering, stoma care, transfers, etc. The latter issue was referred back to Försäkringskassan for further processing regarding the scope of hours.

Court of Appeal – chromosomal disorder, heart disease, psychotic disorder, moderate intellectual disability – assistance compensation

After a woman in her 30s won her case against the Swedish Social Insurance Agency (Försäkringskassan) in the Administrative Court regarding her right to personal assistance compensation, Försäkringskassan appealed the decision to the Court of Appeal and was granted leave to appeal. The Court of Appeal rejected Försäkringskassan’s appeal and confirmed that the woman is entitled to personal assistance compensation.

Administrative Court – MS, hypoxic injury, and mild cognitive impairment – right to personal assistance

A woman had for several years been granted personal assistance from the municipality but later had the assistance withdrawn. She submitted a new application for assistance together with several new medical statements from different professionals, yet the municipality again rejected her application. The case was appealed, and the Administrative Court granted the appeal, ruling that the woman was entitled to personal assistance. The Administrative Court also noted that the municipality had not sufficiently considered the newly submitted certificates and that the deficiencies in the municipality’s investigation were so significant that the case had to be redone.

Administrative Court – severe autism and severe intellectual disability – right to personal assistance

The committee rejected the application for personal assistance concerning a person diagnosed with severe autism and severe intellectual disability, referring to outdated information and disregarding the most recent medical certificate. The Administrative Court granted the appeal and referred the case back to the district committee for renewed investigation and assessment of the right to personal assistance.

Administrative Court – asthma, COPD, cystic lung disease, rheumatoid arthritis – circle of people

The Swedish Social Insurance Agency (Försäkringskassan) had decided that a person diagnosed with asthma, chronic obstructive pulmonary disease (COPD), cystic lung disease, and aggressive destructive rheumatoid arthritis did not fall within the circle of people. However, after the municipality determined that the person belongs to circle of people 3, Försäkringskassan changed its position, and the Administrative Court also confirmed that the parties now agree the person is included in the circle of people. The case has been referred back to Försäkringskassan for the necessary investigation of the person’s entitlement to personal assistance compensation and calculation of the fundamental care needs.

Administrative Court – mild intellectual disability – circle of people

After a new certificate confirming the diagnosis of mild intellectual disability was submitted, the municipality now agrees that the person is considered to belong to circle of people 1 under Section 1 of the LSS Act. The case is referred back to the municipality for a new assessment of the right to personal assistance.

Administrative Court – Down’s syndrome, severe intellectual disability – right to personal assistance to the same extent as before

After the municipality’s review, the personal assistance was reduced from about 50 hours per week to about 15 hours per week, even though the boy’s needs/disability had not changed. The decision was appealed to the Administrative Court. In its ruling, the Administrative Court granted the boy the right to personal assistance to the same extent as he had previously.

Administrative Court – Down’s syndrome – right to personal assistance

A 19-year-old had applied for personal assistance from the municipality but was denied, as the municipality considered the need for support not extensive enough. The decision was appealed, and the Administrative Court granted the individual the right to personal assistance, referring the case back to the municipality for the necessary investigation and calculation of support needs, as the municipality had not carried out a complete assessment.

Court of Appeal – Rett syndrome – extension of assistance compensation

A 10-year-old child was granted active assistance throughout the entire night rest following proceedings in the Court of Appeal, after the Swedish Social Insurance Agency (Försäkringskassan) changed its position and acknowledged that the child was shown to be in need of nighttime assistance. The ruling is based on a decision by Försäkringskassan from 2010.

Administrative Court – psychotic disorder, intellectual disability, epilepsy, heart defect – assistance compensation

A person with a psychotic disorder, intellectual disability, epilepsy, and a heart defect applied for personal assistance compensation from the Swedish Social Insurance Agency (Försäkringskassan) but was denied. The decision was appealed to the Administrative Court, which overturned the denial and established that the individual was entitled to assistance compensation. The person was considered to be in need of supervision of a monitoring nature, requiring in-depth knowledge of the individual, and therefore classified as a fundamental need. The Administrative Court concluded that the person’s basic assistance needs exceeded 20 hours per week, and assistance compensation was therefore granted.

Administrative Court – Down’s syndrome – right to assistance compensation

An adult with Down’s syndrome, cognitive disability, and autism, who had personal assistance but considered their needs to be so extensive that they should qualify for assistance compensation, was denied such compensation by the Swedish Social Insurance Agency (Försäkringskassan). The decision was appealed, and after an oral hearing in court with witnesses, the parties agreed that the person’s fundamental needs exceeded 20 hours per week. The individual was therefore granted assistance compensation.

Court of Appeal – autism, intellectual disability, and epilepsy – parental responsibility

A 12-year-old child with autism, intellectual disability, and epilepsy (9 years old at the time of the application) was granted the right that no parental responsibility should be applied in the case, as the Court of Appeal determined that the child’s need for supervision could not be considered part of normal parental responsibility for a 9-year-old. The Court of Appeal established that no significant portion of the time required to meet this need could be disregarded.

Swedish Social Insurance Agency – cerebral palsy – parental responsibility

A ten-year-old child with cerebral palsy (muscle tone fluctuation), who is wheelchair-bound and had previously been granted assistance compensation, underwent a two-year review in which the Swedish Social Insurance Agency (Försäkringskassan) proposed deductions for family interaction and parental responsibility. After comments were submitted regarding this proposal, Försäkringskassan changed its position and granted all requested hours.

Administrative Court – psychotic disorder, intellectual disability, epilepsy, heart defect – right to assistance

A person with a psychotic disorder, intellectual disability, epilepsy, and a heart defect applied for personal assistance from the municipality but was denied. The decision was appealed to the Administrative Court, which overturned the denial and established that the individual was entitled to personal assistance.

Swedish Social Insurance Agency – PDH deficiency – right to round-the-clock assistance

A young child with a rare vitamin deficiency applied for assistance compensation but initially received a proposed denial from the Swedish Social Insurance Agency (Försäkringskassan). After comments were submitted, the child was granted round-the-clock assistance compensation, i.e., to the full extent requested.

Court of Appeal – psychotic symptoms, diabetes, cognitive impairment – circle of people

A person with psychiatric disabilities applied for assistance compensation from the Swedish Social Insurance Agency (Försäkringskassan) but was denied on the grounds that the individual did not belong to circle of people 3. The decision was appealed to the court. After a long process, the court determined that the person did belong to the circle of people, and the case has now been returned to Försäkringskassan for further investigation.

Administrative Court – stroke – residence

A person who had suffered a stroke applied for personal assistance from the municipality but was denied on the grounds that, based on Försäkringskassan’s investigation, the individual was not considered to be residing in Sweden. The decision was appealed, and the Administrative Court determined that the municipality had not carried out an independent assessment of the case, and therefore referred it back to the municipality for the necessary investigation.

Court of Appeal – Down’s syndrome – right to additional assistance

A teenager with Down’s syndrome who had been granted personal assistance, but not to the extent applied for, appealed the decision to the Administrative Court, which rejected the appeal. The Court of Appeal has now decided to hear the case.

Court of Appeal – MS, brain injury – right to continued assistance

A person diagnosed with MS and a brain injury, who had long been receiving personal assistance, had the service withdrawn by the municipality after a new assessment concluded that the assistance was no longer needed. The decision was appealed, but the Administrative Court sided with the municipality. The case was then appealed to the next instance, and the Court of Appeal has now decided to hear the case.

Administrative Court – Alström syndrome – temporary increase of assistance

A person with Alström syndrome who applied for a temporary increase in assistance due to an assistant’s illness was denied by the municipality, but the decision was overturned by the Administrative Court.

Administrative Court – autism, moderate intellectual disability – right to assistance

A person who applied for assistance had their application denied by the municipality, after which the decision was appealed. The Administrative Court determined that the municipality had not carried out a satisfactory investigation and referred the case back to the municipality.

Administrative Court – limb-girdle muscular dystrophy, intellectual disability, and diabetes – right to double assistance

A person with limb-girdle muscular dystrophy, intellectual disability, and diabetes applied to the Swedish Social Insurance Agency (Försäkringskassan) for double assistance in certain situations. Försäkringskassan denied the request, but the decision was appealed and overturned, granting the individual the right to double assistance for the requested time.