MDPH refusal: challenging a disability benefit decision

A refusal notice sometimes runs to three lines, with no medical explanation. Yet nearly four appeals in ten succeed, and the first step costs nothing. A lawyer reviews your file in 20 minutes on Avocat20min.fr.

MDPH refusal: who decides what

The departmental centre for disabled people, known as the MDPH, prepares the file, but it does not decide. The commission for the rights and autonomy of disabled people rules, on the basis of the assessment made by a multidisciplinary team.

That commission decides in particular on the disabled adults' allowance, the disability compensation benefit, the allowance for a disabled child, the inclusion mobility card, recognition as a disabled worker and placements in specialist facilities.

An MDPH refusal, in everyday language, therefore means a decision of that commission. The notice must state the avenues and time limits for appeal, along with the incapacity rate applied.

The incapacity rate, key to the decision

The assessment follows a national guide. Three thresholds govern most rights:

Rate applied	What it opens
Under 50 %	Few rights, apart from recognition as a disabled worker
From 50 to 79 %	The allowance where access to work is substantially and lastingly restricted
80 % and over	The allowance, the inclusion mobility card with disability mention, increases

The idea of a substantial and lasting restriction on access to work sits at the heart of most disputes. It is assessed on the real situation, given the disability and any adjustments available, and not on a theoretical ability to work.

The maximum allowance reaches €1,041.59 a month since 1 April 2026. Since October 2023, a partner's income no longer enters the calculation.

The prior appeal: free and compulsory

Since 2019, no court can be seized without this stage. You have two months from receiving the notice to send a compulsory prior administrative appeal to the commission.

Send it by registered post with acknowledgement of receipt, and keep the structure simple:

• Your details and the file number shown on the notice.
• The decision challenged, with its date and precise subject.
• Your reasons, describing the everyday tasks that have become difficult rather than the diagnosis alone.
• New documents: recent medical certificates, hospital reports, occupational therapy assessments.

The commission then has two months to answer. Silence counts as refusal, which opens the next deadline. Conciliation with a qualified person also stays available, without interrupting the time limits.

Before the social division of the judicial court

A court claim is filed within two months of the answer, or of the expiry of the silence period. It takes the form of a written application sent to the registry of the social division of the judicial court for your home.

Element	What to know
Cost	Free
Lawyer	Optional
Assistance	A relative, an association representative or a lawyer
Investigation	A medical consultation or expert report is common
Time to judgment	Often 12 to 24 months

The court usually appoints a consulting doctor, whose opinion carries great weight. So prepare that consultation as carefully as a hearing, bringing the whole medical file.

Legal aid funds a lawyer subject to means. Apply as soon as you file the claim, because processing takes several weeks.

The mistakes that lose a case

An MDPH refusal is challenged on substance, not on feelings. Four missteps come up regularly:

• Letting the two months pass, which makes the decision final.
• Sticking to the diagnosis, when the commission assesses the functional impact.
• Attaching no new document, which usually leads to the same decision.
• Choosing the wrong court, the social division covering most benefits.

Remember the medical certificate form too, which must be less than a year old. A specialist, rather than a general practitioner alone, often describes the limitations better.

During the procedure

A fresh application stays possible at any time if your condition changes. It does not replace the appeal, but it can open rights sooner.

Also check the benefits that may bridge the gap. Depending on your situation, the RSA, an invalidity pension or daily benefits linked to sick leave take over.

When to consult a lawyer

A lawyer builds the appeal on the right legal basis, prepares the medical consultation and defends the incapacity rate before the court. They also act against a recovery of overpaid benefit. A social security lawyer answers within 20 minutes. The steps are set out on monparcourshandicap.gouv.fr.