New disability law. What to do with a disabled person of the second group? Help! What a disabled person of the 2nd group should know

Citizens living in Russia who have any diseases that meet certain criteria are assigned a 2nd disability group. It allows you to receive a pension, a set social services. The list of diseases is determined by the Ministry of Health of the Russian Federation. In this article, we will consider who belongs to them, what benefits are due to a person with an assigned 2nd group of disability.

Criteria for assigning disability

Based on the legislation of the Russian Federation, disability of group 2 is assigned in the presence of impaired functioning of the body medium degree gravity. Such disorders include:

limited ability to self-service. In such a patient, it is difficult to fulfill physiological needs, perform hygienic care, and standard tasks in everyday life. Disabled people of the 2nd group need the help of other persons, technical means;
limited ability to navigate. Patients cannot independently determine their location, estimate the time, adequately perceive the surrounding reality;
the impossibility of movement in full. A person cannot maintain balance, move, use public transport without outside help. He needs the partial help of people;
social limited ability, expressed in the difficulty of establishing contact with the environment, the difficulty of receiving, transmitting information;
limiting the function of self-control over behavior. This can manifest itself in a decrease in criticism of one's own behavior, the environment. Sometimes a disabled person of the 2nd group can correct his behavior only with the constant influence of loved ones;
sometimes it is possible to manifest disability or the opportunity to work with the help of technical means, third parties, special conditions at the workplace, and a sparing mode of work. It turns out that disabled people can work only with the help of relatives;
limited opportunity to gain knowledge. The patient can remember information, acquire knowledge. But to reproduce them, to master the skills is capable only in a specialized institution. If technical means allow, it is possible to conduct training at home.

Note that there is no ability to work activities only for disabled people of the first group. The second group belongs to the working group.

Diseases that lead to disability

Patients often have a question, for which diseases they give the second group of disability. Among them, there are pathologies that disrupt speech function, occur against the background of stuttering, impaired functioning of the voice, carry a deviation of the psyche, affect blood circulation, impair vision, hearing, tactile sensitivity, and entail physical deformities.

The latter include non-standard body sizes, a deformed head. Registration of the second group of disability is carried out if, as a result of injuries, diseases, vital activity is limited, permanent disorders in the functioning of the body appear. The patient needs social protection, rehabilitation measures.

List of diseases

The legislation of the Russian Federation has identified a specific list of diseases that make it possible to qualify for the appointment of the second group of disability. It includes:

pulmonary insufficiency;
removal of one lung;
cirrhosis of the liver;
IHD (angina pectoris) of various FC (functional classes), arising as a response to a systematic oxygen starvation;
tuberculosis;
CHF 2 FC (chronic heart failure of the 2nd functional class);
chronic obstructive pulmonary disease (COPD);
diseases spinal cord;
paralysis;
hearing loss;
fistula Bladder;
destroyed hip joint;
arthrosis 1, 2 degree;
amputated limbs;
visual impairment;
epilepsy;
condition after organ transplantation with positive dynamics;
dementia;
inoperable neoplasms;
pathologies of the brain, which entail a violation of motor activity.

Status registration

You can apply for a disability of the 2nd degree at the MSEK (medical and social examination), during which it is determined who is entitled to rehabilitation funds and in what volume. To pass the commission, the following package of documents should be prepared. The direction of the observing specialist, indicating the facts of the violation of the functioning of the body and a description of the treatment performed.

On a note! If for some reason it is not possible to take a certificate from a medical institution, then it is possible to undergo an examination at the MSEK (medical and social examination), which also establishes how much the health disorder has occurred.

You also need a certificate indicating income, a passport and its copy, a work book if available, a reference from the place of work or study, if health damage occurred as a result of an injury, then it is necessary to present documents confirming this fact.

After collecting the necessary documents, the patient personally applies to MSEK, if he cannot be present during the examination, then the members of the commission go to his hospital room or home. During the procedure, it is determined to what extent the violation of the functioning of the body, its ability to work, and living conditions are assessed.

The results are recorded, after which the document is signed by the members of the commission and certified with a seal. If the patient was denied the assignment of the group, then he has the right to appeal the decision to a higher authority. After that, a second medical examination must be carried out within 30 days. The establishment of the second group of disability is carried out for a year. Next comes the redesign.

Labor activity

The second group belongs to the working group, but has a certain degree of limitation. The Labor Code has established a number of advantages for these persons:

35-hour work week with full pay;
overtime and night shifts are possible only with the consent of the employee;
30 days of paid leave if you can take at least 60 days at your own expense;
paid sick leave no more than 5 months a year.

The provision of special working conditions to a disabled person of group 2 is strictly controlled by law.

Possibility to drive a car

Many are interested in whether it is possible for a disabled person of the second group to drive a car. Answer to this question can be obtained during the MESC. Where doctors, after assessing the state of health, checking all the tests and the scheduled examination, will be able to assess how much a person can drive a car. Whether it will affect his health, whether it will be dangerous for others.

In some cases, disabled people are assigned a special car with gas and brake pedals located on the steering wheel. It is issued by the social security authorities.

Medical waivers can be obtained if:

pronounced myopia, farsightedness;
impaired color perception;
absence of both limbs;
complete deafness;
post-stroke state, which is characterized by a lack of recovery.

Governmental support

People with disabilities of the 2nd group are entitled to state support measures. UDV (monthly cash payments) are paid by the Pension Fund of Russia. For their registration, it is necessary to bring title certificates, a passport to the PF at the place of residence. The amount of benefits is 2527.06 rubles. The disability pension is issued in the Pension Fund. It is of the following types.

Social is recognized for the entire duration of the assignment of the group. It may be indefinite. This usually happens if it is assigned to a pensioner. Lack of work experience does not affect payments. Only citizens of the Russian Federation can count on a social pension. Labor is assigned subject to the availability of seniority. It can be assigned even with a short working time.

Citizens have the right to choose the type of pension. The social pension in 2019 for disabled people of the 2nd group is 4959.85 rubles, children with disabilities are paid 9919.73 rubles. The labor pension is assigned taking into account the individual length of service and the base part, which is fixed. If a person was injured during military events, is a participant in the Second World War, a person who suffered in a man-made disaster, then he has the right to receive both types of pension at the same time.

On a note! If there are dependents in the care of a disabled person of the 2nd group, then an increase in the EDV is made. For one dependent they pay an additional 1610 rubles, for two - 3271 rubles, for three - 6695 rubles. per month.

Social support

On the territory of the Russian Federation there are clear rights of persons with disabilities to social support measures. To receive the NSO (a set of social services), you should contact the local department of social protection with a certificate issued by the MSEC. A person with a disability of group 2 can count on free travel on all types of public transport using a special ticket. This benefit does not apply to taxi services.

There are 50% discounts for the purchase of railway tickets, payment for river and air transport. In addition, if there is a need, the railway transport has the service of travel in a disabled car attached to the train. This benefit is valid for the period from October 1 to May 31. An unemployed disabled person of the 2nd degree is exempted from payment medicines which are prescribed by a doctor and are on a special list. Working people with disabilities pay 50% of the cost of medicines.

Free prosthetics, including dental, are allowed individual means rehabilitation. The necessary technical means are issued by the Social Insurance Fund on the basis of an individually developed rehabilitation program. Once a year, you can get a free voucher for sanatorium treatment in Russia. And you will also have to pay for travel both ways. If a disabled person needs the help of a third person, then he will be allocated two vouchers and paid for the return trip to the carer.

Disabled people have the right to extraordinary admission to universities and secondary specialized institutions, subject to successfully passed exams. In addition, this group is eligible for scholarships. A disabled person is exempt from income tax. The list of benefits continues with the registration of a subsidy for paying for the maintenance of housing, assistance from a social security officer, exemption from paying state duty for a car with a power of less than 100 hp provided by the authorities social protection population, exemption from property tax.

Social security agencies help to arrange the necessary payments to people with disabilities

Disabled people of the second group, subject to official residence, which is confirmed by registration, have the right to receive housing benefits. They pay only half of the housing and communal services rate, regardless of who owns the apartment. This category first of all receives a plot of land for the further construction of a house.

She has priority for obtaining or improving housing. Disability of the second group is assigned on the basis of MSEC. The fact of its confirmation gives numerous benefits and payments to patients, allows them to undergo free rehabilitation in a sanatorium-resort environment.

The state is obliged to take care of its citizens who have limited health opportunities. One of the degrees of such restriction is the 2nd group of disability. Today the portal has prepared for you the most complete information on passing the examination, obtaining this group, all the benefits and payments required by law.

Disability group 2: list of diseases

Order of the Ministry of Health and Social Development 1013 n dated December 23, 2009 regulates the procedure for establishing disability. It states that the 2nd group of disability can be established for citizens who have violations in the functions of the body of moderate severity. What does this mean?

First of all, this means that the person's ability to self-care is limited, that is, he needs help or use various means rehabilitation in order to solve the simplest tasks: to carry out hygiene procedures do housework.

Another violation of moderate severity is a limited ability to orientate in time, space and the environment. People with such an ailment cannot determine what time it is, where they are at the moment. They may experience difficulties in communicating with others, have deviations in behavior.

The new edition of the Procedure for Recognizing a Person as a Disabled Person according to this.

An indication for the establishment of group 2 disability may be difficulty in independent movement, use of vehicles.

A disabled person of the 2nd group is not able to perform certain types of work. Special working conditions corresponding to the state of his health must be created for him. That is, he needs help to carry out his work duties.

Moderate severity of impairment of vital functions may imply difficulty in assimilation of new information. A disabled person of the 2nd group can study at home, using assistive devices.

What diseases are indications for the establishment of 2 groups of disability:

dysfunction of the speech apparatus, including stuttering and lack of voice;
mental abnormalities lasting more than 10 years without visible improvement;
disorders in the circulatory system;
blindness in both eyes;
oncology requiring chemotherapy and radiation treatment;
absence of one lung and pulmonary insufficiency;
amputation of one limb or its paralysis;
deafness, complete or partial;
physical deformities, including deformation of the skull or limbs.

Working or not 2 disability group?

Group 2 disability, like the other two, has different degrees of ability to labor activity. These degrees are determined by medical and social expertise. Can a disabled person of group 2 work?

If the commission has established the first degree, this means that a person can perform work without much effort, but with a decrease in qualification. The second degree requires the creation of special conditions at the workplace, including means of rehabilitation.

All about job search options for people with disabilities in the article

How is disability group 2 established?

To apply for group 2 disability, you need to pass an examination at the ITU. All examination actions are regulated by Federal Law 181-FZ. After the examination, the ITU Bureau determines what means of rehabilitation and measures are required for the disabled person to contribute to his social protection.

What you need to prepare for the commission:

a referral from the attending physician, which indicates all the facts of violation of the functions of the body and describes the methods of treatment used. If for some reason a person cannot receive such a referral from a doctor, he has the right to present a referral from social security or a pension fund with documents proving health problems attached;

Note! If you were unable to get a referral to either medical institution, or in social security or a pension fund, you can independently contact the ITU bureau for certification. The doctors of the commission will conduct a study and determine the presence of violations of the body's functions.

for the commission, you must provide a certificate of income and documents proving the identity of the applicant;
if the applicant has seniority, you need to prepare a work book and a characteristic from the employer;
if violations of the functions of the body occurred as a result of an industrial injury or occupational disease, it is necessary to prepare the appropriate documents to confirm this fact

You must contact the ITU Bureau in person. If, for health reasons, a person cannot attend the commission, doctors are required to go to his house. During the examination, it will be determined what violations of the state of the body take place, what are the living conditions of the disabled person and his ability to work. The result of the examination is a document, a protocol, which contains complete information about the applicant, the place and time of the examination, and a conclusion on the establishment of disability or a justified refusal. The protocol is certified by the signatures of all members of the commission and the seal of the ITU bureau. Group 2 disability is set for a calendar year, after which it is necessary to undergo a re-examination.

Note! If the applicant is denied the establishment of a disability group, he can appeal the decision of the commission within a month. Based on the application, a person is assigned a re-examination at the main office of the ITU. After the refusal in this institution, you can apply to the federal agency. All decisions of the bureau can be appealed in court..

What benefits does a disabled person of group 2 have?

What is due to a disabled person of the 2nd group? There are several types of payments and benefits that a person with this disability group can count on.

Monthly payment (UDV) - it is assigned and paid by the Pension Fund. In 2018 EDV for disabled people of the 2nd group is 2,620.56 rubles. Each year, this payment is increased by a government-determined percentage.
The size of the disability pension of the 2nd group is 4959.85 rubles. If a person has dependents in care, he can receive additional funds for each of them.

Free medicines for disabled people of the 2nd group are provided by doctor's prescription. Part of medicines should be provided at preferential prices.
The provision of the necessary technical means for the rehabilitation of a disabled person of the 2nd group is carried out by the Social Insurance Fund in accordance with the rehabilitation program developed by physicians. In the same institution, a disabled person can receive a free voucher for sanatorium treatment.

How to find out the amount of compensation for self-purchased rehabilitation means can be found on this .

Disabled people of the 2nd group are entitled to free travel in city public transport. You must present your ID to travel. Discounts are available for intercity transport for disabled people.
When entering educational institutions, citizens with group 2 disabilities may not participate in the competition, they just need to pass the entrance exam well.
Benefits of housing and communal services for disabled people of the 2nd group: 50 percent discount on utilities (gas, water, garbage, electricity, rent and cleaning of the local area). In the absence of centralized heating - 50 percent discount on coal and firewood.

If you have any questions about this topic, write in the comments, we will try to find all the information you need for you!

Often, after a long illness or as a result of an accident, a person gets a persistent health disorder. In such cases, he is assigned a disability, and the state pays social benefits to the mind.

Depending on how much a person has lost his ability to work, he can be assigned three groups of disability, each of which has several degrees. In this article we will consider the second group of disability.

In what cases is the second group of disability assigned?

2 disability group - working

The legislation does not clearly prescribe, in the presence of which diseases or health disorders, the second group is established. When making a decision on assigning a disability group, the medical commission will be guided by the following data:

whether a person can serve himself or needs the help of third parties;
to what extent a person applying for a group is mentally adequate, whether he poses a certain danger to society or himself;
the degree of disability, taking into account the work that the person previously performed and his ability to perform this work at the present time;
the degree of physical injury, if the group is established in connection with the loss of any limb.

Currently, all these criteria are given in the order of the Ministry of Labor 1024n dated 12/17/2015. According to him, a person can be assigned a second disability group if he has moderate impairments on all of the above grounds.

The second group of disability is established, as a rule, for a year, and in order to extend it, it is necessary to undergo a re-examination every year, which determines whether the health and disability for which it was assigned have been preserved. Based on the results of the commission's evaluation, the group can be saved or canceled.

About the procedure for establishing a disability group - in the video:

Degrees of disability in the second degree of disability

In addition to assigning the most specific disability group, the degree of disability is additionally established. As well as groups of disability, there are three of them:

The first degree of disability is the easiest. The person to whom it is assigned has practically no restrictions in the choice of labor, with the exception of difficult, harmful and dangerous conditions.
The second degree imposes already greater restrictions. Such a person needs either a specially organized workplace or special working conditions. The choice of works and their time are also limited.
The third degree of disability is the most severe and implies that a person cannot work. That is, the employer does not have the right to hire such an employee, even with his consent.

Sometimes in the certificate of disability, in the column for the degree of disability, a note may be affixed: “no”, this means that such a person has practically no disability restrictions, but it is still necessary to establish working conditions that do not contradict the individual rehabilitation card of the patient . Also, such a disabled person retains all the benefits provided by labor legislation.

Rehabilitation card for a disabled person

Disability group 2 - people with disabilities

When a disability is assigned, in addition to a certificate confirming this, the person who has received a disability is given a rehabilitation card called: an individual rehabilitation program.

When applying for a job, a person with a disability is obliged to provide an extract from the card or a copy of it to the employer, so that the latter can create optimal conditions for the work of the disabled person and does not violate labor laws.

Work and benefits for a disabled person of the second group

Based on the foregoing, we can conclude that the presence of the second group of disability is not a contraindication to work with minor restrictions. An employee with a disability can only be hired for a position, work for which does not contradict the indications in the individual rehabilitation card.

Restrictions, as a rule, are imposed on the duration of working hours, the intensity and complexity of the work performed, the time and place of the work performed. Regardless of what restrictions are or are not provided for in the rehabilitation card, disabled people are entitled to benefits that are established by Federal Law No. 181. Benefits provided by law:

the working week of a disabled person cannot be more than 35 hours per week with full earnings;
disabled people cannot be involved in overtime work, even with their written consent;
for disabled employees, the annual paid leave is extended by two calendar days;
Also, at their request, the employer is obliged to provide a disabled person with leave at his own expense with the preservation of the workplace for up to 60 calendar days. The time of this leave must be agreed independently between the employee and the employer.

Thus, the legislation protects citizens with disabilities, but creates additional difficulties for employers. And the latter are trying in every possible way to evade hiring such workers.

Job quotas for the disabled

They have no right to refuse a person in employment because of his disability!

In order to provide people with disabilities with jobs, a law on job quotas was adopted.

According to which, organizations that have the number specified in the legislation must establish the number of jobs for people with disabilities. This number is set as a percentage of the average number of all employees.

Currently, this law is controlled by the employment authorities. In order to find out how many places for the disabled should be allocated, you need to go there. But it is worth carefully studying the law itself.

In particular, it states that from the average number of employees, from which the number of jobs is considered, it is possible to exclude those who, as a result of a special labor assessment, were found to have difficult, harmful and dangerous working conditions.

Responsibility for concealing the presence of a disability

Since employers are reluctant to enter into employment contracts with persons with disabilities, and also due to the rather limited list of types of work to which persons with disabilities are allowed, very often a person does not provide information to a potential employer about the presence of a disability.

Who is responsible for this?

Disabled people should feel the support of the state!

According to the Labor Code of the Russian Federation, a certificate of disability is not included in the list of mandatory ones provided when applying for a job. Therefore, if an employee does not outwardly show signs that he is disabled, he can successfully hide this information from the employer, but at the same time he is accordingly deprived of all benefits.

If the employer is not properly informed, then he is also not responsible for such an employee. But there may be nuances here.

If the position provides for the passage of a medical examination, then it is imperative to send the employee to pass it, otherwise, if an accident occurs and in the absence of a medical certificate it turns out that the employee had a disability in addition, this can turn into serious consequences for the employer.

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Can a disabled person of group 2 work: working conditions

To date, special provisions have been formed that help workers with limited ability adapt in society and have the same opportunities to defend their rights. And most importantly, the developed set of activities includes a program for finding the most suitable vacancies for disabled people of the 2nd group.

Legal support for people with disabilities is regulated by the labor code and includes some features of the work, for example, a changed work schedule. So, a disabled person of the second group can work no more than 35 hours a week, this is confirmed by a certificate and a medical prescription.

In order for, at the request of the administration, a disabled person of the second group to go to work on a holiday or on his day off, he must declare his consent in writing.

The paid annual leave for employees with disabilities must be at least 30 calendar days and, in addition, such employees are entitled to an additional 60 days of rest, “at their own expense”, i.e. not paid by the enterprise.

Of course, such employees in terms of performance are not of particular interest to employers, and that is why the legislation offers companies that employ disabled people of the 2nd group conditions of preferential taxation and additional "bonuses".

List of diseases of the 2nd disability group

According to the order of the Ministry of Labor, only a medical commission can recognize a citizen as disabled, based on an anamnesis and a doctor's opinion, provided that the person has certain impairments of body functions, to one degree or another. Among these are:

Difficulties in moving, moving, there is no way to maintain balance when walking without outside help.
Restrictions on the ability to use public transport, i.e., constant help and support is needed.
There is no way to navigate in space without outside help, to correctly determine the place and time of being.
Restrictions in making contact with other people or inanimate objects.
A person with a 2nd disability group cannot remember or reproduce the information received, or processes it incorrectly.

Among the diseases, due to which a person can be recognized as a disabled person of 2 groups, there are:

Diseases affecting the human psyche;
Limitations of speech functions, including stuttering;
Limitations of the visual system;
Violations of tactile sensitivity;
Diseases respiratory tract, circulatory systems;
Physical deformities.

Can a disabled person of group 2 work

Having a second disability group, a person can work, only citizens in group 1 are considered incapable of active labor activity.

All businesses are required to employ persons with disabilities, in the amount of 4% of the total number of employees in the state.

When registering for an enterprise, a citizen must provide a medical certificate that confirms his involvement in a particular group. In the future, this certificate will be the basis for the provision of legal benefits. According to the “letter of the law”, a company representative can terminate an employment contract and cooperation with a disabled person on the same grounds and for the same reasons as in a standard situation with an employee.

Official employment of disabled people

Registration for work in the presence of a disability group has some features. To carry out such a procedure, it is necessary to have on hand a certificate from the ITU and IPR, i.e. an individual rehabilitation program, which involves instructions and recommendations from specialists on the working conditions of a citizen.

The law does not provide for any restrictions on hiring, but not many companies and enterprises are in a hurry to register people with disabilities.

Today, every major center and city has specialized complexes that were formed for the employment of persons with disabilities. These include a society of deaf people or the blind, etc., but you should be prepared for the fact that labor in such structures is low-paid and, according to the regulations, a limited number of jobs.

When applying for a job at an ordinary enterprise, a citizen must be ready for rejection, and despite the fact that the state program provides for a special quota for vacant positions for the disabled, companies rarely agree to take them.

One of the most common jobs and earning opportunities is remote work at home, since with this option a person has the right to independently manage his time without leaving home. Often, persons with disabilities choose work related to journalism (freelance), copyright, website development, layout, etc. However, even with such a development of events, disadvantages are not excluded - the lack of official employment, and therefore, work experience.

Contraindications for employment

By law, no citizen is prohibited from working, regardless of the disability group, if agreed with the employer. Based on this, we can conclude that it is not a specific group of a citizen that is considered the most important, but certain contraindications included in the conclusion of the commission.

If there are no contraindications in the conclusion of the MES, the employer does not have the right to refuse employment to a citizen.

Failure to comply with the requirements of the legislation on employment and creation of conditions for the employee will be calculated as a violation of the law and entail liability. Each position offered to disabled people of the 2nd group must first be certified by an attestation commission.

Also, when hiring disabled people, it is strictly forbidden to create a probationary period. To a large extent, the conditions for granting vacations, both tariff and additional, differ.

how to solve your problem?

General procedure for recognizing a person as a disabled person of group 2

The second group of disability is considered to be a worker and can only be assigned on the basis of a medical and social examination. Before going to a medical facility, the patient will need to collect a special package of documents:

Documents confirming human health disorders;
Certificate of specific medical indicators on the degree of violations;
The state of compensatory possibilities of a citizen;
Documents on previous rehabilitation and restoration activities.

In some specific situations, a referral from a pension fund or social security service may be needed.

Personally written application of a citizen;
Original passport;
Copy or original of the work book;
income statement;
Outpatient card of the patient with previously made anamnesis;
Characteristics from the place of work or study;
An act of injury or illness.

Further, the commission, on the basis of the submitted documents, having studied the specifics of the disease in each case, makes a conclusion and attaches an order on the specifics of labor opportunities. The commission conducts a special protocol in the process, in which it is declared:

The date the document was created;
The result of a visual inspection;
Personal information about the patient;
Passport data of the patient;
Data on the time and conditions of the subsequent re-examination procedure;
Information about education and professional opportunities;
Causes of disability, injury;
General conclusion.

The result of the general conclusion on disability is issued based on the results of the opinion of the majority of the participants in the expert commission.

Recognition of disability: is re-examination necessary?

The degree of impairment of vital functions directly affects the assignment of disability. So, group 2 is given to a citizen for only 1 year, and subsequently a re-examination, a re-examination is provided to determine the state of his health and any changes over the past year.

The re-examination provides for the same procedure as for the first time, but its date and time will be set directly by the commission.

The result of the commission, if necessary, can be appealed within 30 calendar days. To do this, you will need to draw up and personally write a statement, in the approved form, in which to justify the reasons for the refusal.

Further, a re-examination will be appointed and a commission will be assembled to review the results. If the decisions of the bodies of the medical institution do not correspond to the desired result, the citizen can appeal the decision in court.

Social assistance, payments and benefits to disabled people of the 2nd group

For working disabled people of the second group, the state provides some benefits:

No probationary period for employment;
Possibility to establish a part-time or weekly working day, with the obligatory working of the approved time;
Processing is unacceptable, and going out at night for a shift;
Preferential right to employment subject to staff reduction;
Urgent termination of the employment contract by an employee for health reasons.

In addition, there are material subsidies that are transferred to the employer's account from the Social Protection Fund for the Disabled. However, it should be borne in mind that this is possible only on the condition that the citizen gets a job in the direction of the municipal employment service.

Enterprises in whose staff there are disabled people are constantly checked:

Employment of disabled people of the 2nd group is quite possible, however, it is associated with some difficulties and peculiarities.

Dear reader, our article talks about typical solutions to legal issues.

how to solve your problem?

Information on the site is published for informational purposes only. The editors of ProstoPozvonite are not responsible for the application of information in texts and videos in practice. Before making a decision, we strongly recommend an online consultation with a lawyer.

Question from Ekaterina Nikolaevna:

Good afternoon! This is not the first time I turn to you for help and thank you for always helping me!
Today I am writing to you asking for help.
A man works in my organization as the head of a design bureau (mostly on a computer). Today he brought a certificate stating that he is a disabled person of the second group, the reason for the disability is common disease. He also brought an individual rehabilitation program for a disabled person in which it is written:
The ability to self-service - the second degree of limitation
Ability to work - the second degree of restriction
Moderate physical and neuro-emotional stress, all types of radiation, toxic substances are contraindicated.
Can do the job of class 1. Gravity in specially created conditions. The working posture is free, the pace of work is not imposed. Work in the daytime, according to the schedule agreed with the administration, no more than 35 hours a week.
Tell me, please, what should I do in this situation, for the first time in my practice I encounter something like this.
Thanks in advance!

Reply to Ekaterina Nikolaevna:

Greetings, Ekaterina!

We look at the Federal Law of November 24, 1995 No. 181-FZ (as amended on June 29, 2015) “On the social protection of persons with disabilities in Russian Federation»

Article 11. Individual rehabilitation program for a disabled person
An individual program for the rehabilitation of a disabled person - developed on the basis of a decision of the authorized body that manages federal institutions medical and social expertise, a complex of optimal for the disabled rehabilitation activities, which includes certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost body functions, restoring, compensating the ability of a disabled person to perform certain types of activities.
An individual program for the rehabilitation of a disabled person is mandatory for execution by the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.
The individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with exemption from payment in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures in which the disabled person himself or other persons or organizations independently participate in the payment. from organizational and legal forms and forms of ownership.
The volume of rehabilitation measures provided for by an individual program for the rehabilitation of a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.
An individual rehabilitation program is advisory in nature for a disabled person, he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.
If the technical means of rehabilitation and (or) service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he shall be paid compensation in the amount of the cost of the acquired technical means of rehabilitation and (or) of the rendered service, but not more than the cost of the corresponding technical means of rehabilitation and (or) services provided in the manner established by part fourteen of Article 11.1 of this Federal Law. The procedure for paying such compensation, including the procedure for determining its amount and the procedure for informing citizens about the amount of this compensation, is determined by the federal executive body that develops state policy and legal regulation in the field of healthcare and social development.
The refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give the disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

Article 24
Employers have the right to request and receive information necessary when creating special jobs for the employment of disabled people.

Article 22
Special jobs for the employment of disabled people - jobs that require additional measures on the organization of labor, including the adaptation of the main and auxiliary equipment, technical and organizational equipment, additional equipment and the provision of technical devices, taking into account the individual capabilities of the disabled. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and restrictions on their life activity in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the sphere of labor and social protection of the population.

We look at the Order of the Ministry of Labor of Russia dated September 29, 2014 No. 664n “On the classifications and criteria used in the implementation of medical and social examination of citizens by federal government agencies medical and social expertise” (Registered in the Ministry of Justice of Russia on November 20, 2014 No. 34792)

6. There are 3 degrees of severity of restrictions for each of the main categories of human life:
a) the ability to self-service - the ability of a person to independently fulfill basic physiological needs, perform daily household activities, including the use of personal hygiene skills:
2 degree - the ability to self-service with regular partial assistance from other persons using, if necessary, auxiliary technical means;
g) ability to work - the ability to carry out labor activities in accordance with the requirements for the content, volume, quality and conditions of work:
2 degree - the ability to perform labor activities in specially created conditions using auxiliary technical means ...

We are watching "Labor Code of the Russian Federation" dated December 30, 2001 No. 197-FZ (as amended on October 05, 2015)

Article 92. Reduced hours of work
Reduced working hours are set:
- for employees who are disabled people of group I or II - no more than 35 hours a week;

It is therefore your employer's responsibility to ensure that a workplace with the necessary characteristics is created for this employee(disabled).

A special assessment of working conditions will help you.

That's all for me. Until new notes!