INVISIBLE HELP FROM THE OMBUDSMAN
assessment of whether there were grounds for opening a case regarding a resource focused process, flexible job or early retirement pension.
The municipality brought the case to its interdisciplinary rehabilitation team,
and the team concluded that it was not currently possible to point to any job
functions which the man was able to do but that his return to the work force
at some point in the future could not be ruled out. However, this prospect
depended on the man not drinking and on his compliance with an addiction
treatment course. The case was then passed on to the municipality job centre
where the man was to appear. Upon enquiry he was told that there was merely
a recommendation from the municipal rehabilitation team and that the municipality had not made a decision in the case which could be appealed. The man
wanted a decision from the municipality (a refusal) so that he could appeal. But
that was not an easy thing to get.
The man complained to the Ombudsman who first referred him to the municipality’s mayor. The reply from the municipality was that the man could not
appeal against the rehabilitation team’s recommendation and that he would not
receive any detailed written communication in that respect.
The man complained again to the Ombudsman who considered whether the
municipality’s course of action should be put on the same footing as a formal
refusal for a resource focused process, flexible job or early retirement pension.
The Ombudsman then sent the case on to the National Social Appeals Board
which subsequently made a substantive decision in a similar case. It is now laid
down in the Board’s decision in principle No. 26-14 that the municipalities
shall make a decision on the basis of the rehabilitation team’s recommendation
‒ regardless of whether the recommendation is positive or negative in relation
to the individual in question.
Subsequently, the National Social Appeals Board ensured that the municipality
made a decision in the man’s case.
WAS THERE A CHANNEL OF COMPLAINT OR NOT?
In a third example of a ‘rejected case’, a woman received compensation benefits when her municipality could not find her a job for seniors. At some point,
the municipality stopped the woman’s compensation benefit because she was
not available to the job market and was not able to work full hours for health
reasons. The municipality wrote to the woman that the decision could not be
appealed to the National Social Appeals Board.
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