The hearings of the Tribunal des affaires de sécurité sociale (Tass) of Créteil will face the Urssaf, RSI, the CPAM, the Caf… and their users. Story.
The president wears the gown. His two assessors, non-professional judges in civil, a medal suspended by a green ribbon. Welcome to the Court of social security matters: the TASS. A place where employees, employers, self-employed, trying to enforce their rights or defend themselves in the face of the Urssaf, the social Regime of independent (RSI), the Caisse primaire d’assurance maladie (CPAM), to the family allowances Fund (Caf). A place, therefore, where it plays in the challenges of daily life, and yet largely unrecognized. In Créteil, October 11th, in a cramped room on the fifth floor of the courthouse, the business flow at a steady pace.
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Record 34! The manager of a limited liability company challenged the recovery of 149.695 euros, of which it is the object of the part of the Urssaf. The fund deploys its reasoning is unrelenting. The company has contracted with a subcontractor guilty of illegal labour. However, it does not has “not complied with its duty of vigilance as the giver of order”. The legal obligation is to request every six months, the subcontractor, a certificate from Urssaf, according to which it is in-side rule contributions. The LLC can not produce these documents? She is so supportive financially of the debt incurred by the other black labor. Reserve as at 6 December, as the major part of the business that will be processed that day.
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“My client breathes under an oxygen mask”
“Number 11,” says the president. A couple in their fifties is ahead. He did not call a lawyer. The man, excited, said “that he wants to explain his case”. While he was on sick leave for several months following a burn out, the CPAM has cut its daily allowance. His doctor has yet made e-mails to explain that it was not in a position to rework. And the medicine of the work put in demerit final, taking the view that the resumption of his position would have put in immediate danger. “The medical board, and the counter-expertise requested by mister, have both concluded that its ability to resume a professional activity of any kind,” retorted the representative of the health Insurance. “Sir, you could not return to work in another company? questions the president. “You know, find another job at fifty years old, it’s complicated.”
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Case 19! A service agent, which it has been recognized that respiratory disease is the result of an occupational factor – the inhalation of toxic products – attempts to recognize the fault negligence of his employer. One way to get a financial compensation is more generous. “Today, my client is breathing through an oxygen mask because the company has failed to fulfil its obligation of safety, throws his lawyer. We ask 10.000 euros on a provisional basis and that the expertise to define the amount of the damage.” But for the defender of the employer, and for the CPAM, the “background” of the case has not even to be discussed: the action was brought beyond the statutory period of two years, applicable in the matter.
“I would have never thought to find me here”
The “record” number 13 drains the bar a mother’s coming to represent his son, which denies the fact of never having received a daily allowance for his illness. It must be said that he has sent her off to work in Paris, and not to the cashier of the 94 which it depends. The time to restore the folder, the deadline of 48 hours legal was spent. “First, I want you to know, I would have never thought that writing a simple letter, I would be here”, says the mum, in panic to find himself in front of the judges. “But you have yet challenged the decision of the appeals committee is amicable and by your letter, have referred to the tribunal, madam, thus automatically results in a hearing!”, he noted the president. An assessor request to the CPAM: “If the insured had simply said that his mail was lost, what would you have decided?” “We tolerate always three or four extra days,” says the cashier. But he must have proceeded by a registered letter, or have retained a copy of the judgment stamped by a host agent on the spot.”
Case 37. A young auto-entrepreneur advocates for the benefit of the Aid to the designers or corporate buyers (Acre), on the basis of its “good faith”. “I called RSI but a lady told me it would be better for you to see with the job center, not with the Urssaf’. What I have done. Job center I was then sent a letter of refusal of a grant to assist the return to employment (ARE). It is here that I realized that the IHR, I had been mistaken. I’ve gone over in spite of myself, the time limit for the request from Acre.” “Acre, Are… this is what happens to force use of acronyms”, maugrée an assessor, in the middle of the debate.
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“The dame was in need of his medication for his leukemia
Pursued by the CPAM for an overpayment of 7.934,90 euros, the pharmacist defending himself only in the case of number 10, “acknowledges to have issued to an old lady, sick loser often ordinances” and seven boxes of medicines against leukemia, instead of five. “She had anyway need, so I have not injured the health Insurance”. “There is not the question, the objection is without mercy, the advocate of the CPAM. There are texts and issuance procedures to follow. You would have had to remind the doctor to redo a prescription in good and due form.”
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This is the tower of an employee hit by a car and party in Canada during his convalescence without the agreement of the CPAM. And then that of a private independent of its benefits by the IHR because of a “pluri-activity”: it would have been in parallel to his business, an employment, which, from a certain amount of hours, takes the payment of fees by the health Insurance instead of the RSI. The president sum this last proof of the pluri-activity. In the meantime, the reference is given.
“you just have to renounce the inheritance”
Place in the dialogue of the deaf. A man refuses to pay for past social security contributions of his late mother, a user of cheques emploi service universel (Cesu) as an individual employer. “She saw barely 600 euros a pension and she did nothing left!” Especially, it does not have to be viewed as the sole heir while he has brothers and sisters. “You are jointly and severally liable for this debt and we have the right to seek recovery of any member of your siblings, explains, signs of impatience in support, the representative of the Urssaf. If this does not suit you, you can simply renounce the inheritance, as we have repeatedly explained in our letters since 2013.” The interested storm. “But how could I renounce to an inheritance and while I have inherited nothing! On the contrary, I have paid the funeral!” An assessor is involved, teacher: “I believe, sir, that you have not understood that a legacy is not just ‘more’, this can also be ‘less’, or in other words the liabilities.”
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RSI (Regime social des independents)
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After you have granted without delay, a postponement of increases to be a company manager who has paid his debt to the Urssaf, the judges focus on the case of a correspondent for austrian television believed to have been improperly reimbursed for care performed at the public hospital, in Vienna, after a serious skiing accident. By 6 December, the date of the deliberation, therefore, they will focus on the social protection system in austria. Technical, the job.