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08 — RIGHT TO HEALTH

Disability: CUD (Disability Certificate) and benefits under Law 24.901

Law 24.901 establishes the System of Basic Benefits for Persons with Disabilities. It recognizes the right of persons with disabilities and their families to a broad set of benefits — rehabilitation, therapeutic, educational, social assistance, transportation, residential care, day centers, and therapeutic support — which must be covered by social health insurance funds (obras sociales), private health insurers (prepagas), and, subsidiarily, the State.

The gateway to the system is the Disability Certificate (CUD — Certificado Único de Discapacidad), issued by the Interdisciplinary Evaluation Boards of each province (in Buenos Aires City: COPIDIS) under guidelines set by the National Disability Agency (ANDIS). The CUD unlocks access to the benefits system, tax advantages (VAT exemption on motor vehicles, tax relief), free travel on national public transport, and other specific rights.

Obtaining the Disability Certificate (CUD)

The application is filed with the Evaluation Board corresponding to the applicant's place of residence. Required documents include: national ID (DNI), a medical form with diagnosis and degree of impairment signed by the treating physician, and supporting clinical studies. The Board conducts an interdisciplinary assessment (physician, social worker, psychologist) and issues a resolution. The CUD is valid for between one and ten years depending on the condition and must be renewed periodically.

If the CUD is denied or granted with limitations that do not reflect the applicant's actual situation, there are administrative appeal channels and, ultimately, judicial review. Having an experienced team well-versed in the evaluation process significantly increases the likelihood of a correct outcome.

Benefits under Law 24.901

Rehabilitation services

Early stimulation, motor rehabilitation, speech therapy, psychological support, occupational therapy, physical therapy, and therapeutic treatment.

Educational services

Mainstream schooling with integration support (therapeutic integration assistant), special education, and vocational training.

Social assistance and support services

Residential care (for persons with dependency needs), small group homes, day centers, day hospitals, and supported living. Home care in specific circumstances.

Transportation

Coverage of transport to and from service providers. One of the most frequently litigated benefits when arbitrarily denied or reduced.

Assistive devices and equipment

Wheelchairs, prosthetics, hearing aids, orthopedic devices, and augmentative and alternative communication devices.

Inpatient or transitional residential care

When required due to family circumstances or therapeutic need.

Typical disputes

Denials or reductions in coverage are common and generally contestable by amparo. The strategy varies: where there is a gap between the benefit requested and the benefit authorized, the adjustment is sought administratively; in cases of outright denial, an amparo with a precautionary measure is filed; for repeated delays, the matter is escalated to the Superintendency of Health Services (SSS) and an amparo for administrative delay may follow; where the CUD itself is challenged, the administrative appeal route is pursued with specialized technical support.

Claims for Law 24.901 benefits represent one of the highest-volume streams in the federal administrative courts. Case law is protective of claimants and requires serious justification for any denial.

Why Tchestnykh & Asociados

  • We work with specialized medical and social work teams
  • Full CUD management from initial application through judicial appeal
  • Hundreds of Law 24.901 amparos with favorable outcomes
  • Comprehensive support for families throughout the entire process
  • Health amparos
  • Disputes with social insurance funds and private plans
  • Mental health