If your auto-injury doesn't completely recover, apply for the GIROJ’s official acknowledgment that you are left with residual disability in a traffic accident. (See this article on how to apply for the acknowledgment on your residual disability.) As you can see from the article, GIROJ screens the applications all by paper. However, GIROJ might not admit your symptoms as residual disability, or they might give you the lower grade than you wish. If you are not satisfied with their decision, submit the Formal Objection to GIROJ’s decision and make them reconsider their decision. In this article, we take a look at how to submit it and what points we should focus on.
A General flow
Which organization should we submit a formal objection?
The answer depends on how you applied for the special compensation for residual disability with GIROJ.
Did you apply for it via voluntary insurance company? If yes, submit a Formal Objection to the voluntary insurance company.
Did you apply for it by yourself? If yes, submit a Formal Objection via a distributing company of CALI. In this case, it should be within three years from the doctor's designation of stabilized symptoms (Shojo-Kotei).
In any of the cases, you can submit a formal objection any number of times.
The reason why GIROJ doesn't give the grade you wish
Sometimes GIROJ’s decision is right, and your symptoms might not satisfy the requirements of being admitted as a residual disability. However, there are some cases where their decision is not reasonable. So, let’s seek the reasons then.
1. Lack of information on a Certificate of Residual Disability
When applying for the special compensation with GIROJ, you submit a Certificate of Residual Disability which only your doctor can issue. Since GIROJ’s screening for the benefit is all done by checking documents and images, the information on the certificate is essential for their decision. However, not all doctors get used to making it. Sometimes they don't write the detail about your symptoms, and that leads to GIROJ’s improper decision.
2. Lack of documents to submit GIROJ
If you apply for the special compensation for residual disability via a voluntary insurance company, only you have to do is to submit a Certificate of residual disability with them. They will submit the certificate with GIROJ and also any supportive documents and images which are supportive to your argument. However, there are cases where the voluntary insurance company didn’t do their best to submit any additional documents or images like X-ray, CT scans, or MRI images which can be objective evidences fory your symptoms.
3. Lack of any additional physical examinations to prove your symptoms with GIROJ
For proving your symptoms with GIROJ, you’ll need objective evidence such as X-ray, CT scans, MRI images, and so on. If records say you didn’t get physically examined in various aspects, you’ll have less possibility to get the grade you wish.
So in the step of submitting a Formal Objection with GIROJ, you should be more supportive of your opinions by additionally submitting documents and images, which can be more objective evidence than the first step.
Who examines the objection and what you need to submit?
Via whichever organization you submit a Formal Objection, GIROJ will examine the case again. However, this time, the examination will be held by an examination committee consisting of attorneys, doctors, legal experts, and so on so that they can secure more fairness and objectivity. It’ll take 2-3 months on average till they decide the grade again.
For their examination, you have to submit a Formal Objection containing your organized opinions on their first decision. Additionally, it’s better to submit new documents like a picture, medical certificate, doctor’s written opinion, examination results, and so on to be more supportive of your views.
What we “Senryaku” can do for you submitting a Formal Objection
Since GIROJ doesn’t disclose the criteria for their decision, it is challenging for car accident victims making strategy by themselves on creating a countercharge, which will surely work. So if you are not satisfied with GIROJ’s first decision, it’s better to seek advice from professionals trying car accident cases. In Japan, attorneys or Gyo-sei-shoshi lawyers will be the right person to consult. Visit their website to see how they are mature in the area.
Senryaku is Gyo-sei-syoshi lawyer’s office. We have supported car accident victims for more than ten years and experienced more than 1,000 cases in Japan. If you want us to help to submit a Formal Objection with GIROJ, the general flow is as follows:
1. We will check your symptoms as detailed as possible. We’ll check its status, treatment record, how it affects your life.
2. We specify what grade is adequate for your symptoms.
3. We review what documents and images you submit with GIROJ in the first application and see if they’re enough
4. We specify the reasons why you couldn’t get the grade you wish and help you make the best possible objection with GIROJ.
5. We sometimes have time to talk with your doctor for asking for some additional reports about your condition.
In the whole of the process, our service is English available. Please visit the link about our fee.