Conditions and procedure for establishing disability. Procedure for assigning disability Recognition of a person as disabled

Conditions and procedure for establishing disability

A patient can receive an official conclusion on the presence (or absence) of grounds for establishing disability only based on the results of his examination at the ITU Bureau.

The procedure for processing documents for passing the ITU (including the algorithm of actions in case of refusal of the attending physicians to refer the patient to the ITU) is described in sufficient detail in this section of the forum:

THEORY OF ESTABLISHING DISABILITY

Disabled person- a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for it social protection.

The conditions for recognizing a citizen as disabled are:
a) a health disorder with a persistent disorder of body functions due to diseases, consequences of injuries or defects;
b) restriction of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, study or engage in labor activity);
c) the need for social protection measures, including rehabilitation.
Availability one of these signs is not a condition sufficient for recognizing a person as disabled.

Recognition of a person as a disabled person in accordance with clause 2 "" is carried out during a medical and social assessment based on a comprehensive assessment of the state of the citizen's body based on an analysis of his clinical, functional, social, household, professional, labor and psychological data using

On the medical and social expertise a citizen is sent by an organization providing medical and preventive care in accordance with paragraph 16 "" after the necessary diagnostic, therapeutic and rehabilitation activities, in the presence of data confirming a persistent impairment of body functions due to diseases, the consequences of injuries or defects.

The body providing pensions, as well as the body of social protection of the population, has the right to send to the ITU a citizen who has signs of disability, if he has medical documents confirming persistent impairment of bodily functions.

In the event that the organization providing medical and preventive care has refused to refer the citizen to the ITU, he is issued a certificate, on the basis of which the citizen has the right to apply to the bureau on his own ().

The examination is carried out upon a written application of a citizen (his legal representative) with the attachment of medical documents confirming a violation of health and other documents characterizing the social, educational, professional and labor status of a citizen.

If there is a “Referral to ITU ()”, a citizen (his legal representative) application is accepted and registered on the day the referral documents are submitted to the ITU bureau.

Medical and social examination can be carried out in absentia(according to the decision of the bureau), in hospital(where the citizen is being treated), at home.

At-home examination is carried out in the following cases:
- If a citizen cannot come to the bureau for health reasons, which is confirmed by the conclusion of the health facility;
- if the patient has a pathology, provided for in paragraphs of Section IV of the Annex to

During the examination, the specialists of the ITU bureau acquaint the citizen (his legal representative) with the procedure and conditions for recognizing a disabled person, and also provide explanations on issues related to the establishment of disability.

In accordance with clause 31 "", in cases requiring the necessary additional examination, requesting the necessary information and other measures, an additional examination program is drawn up in order to determine the structure and degree of disability, rehabilitation potential.

The decision to recognize a citizen as disabled or to refuse to recognize him as disabled is made after receiving the data provided for by this program. If a citizen (his legal representative) refuses to carry out an additional examination program, an expert decision is made on the basis of the available data.

Solution on recognizing a citizen as disabled or on refusal to recognize him as disabled passed by simple majority vote specialists who conducted the ITU.
The expert decision is announced to the citizen (his legal representative) in the presence of all the experts who conducted the ITU, who, if necessary, provide explanations on it.

Recertification disabled person can be carried out in advance. But no more than 2 months before the expiration of the established period of disability.
Re-examination of a disabled person before the established deadlines, as well as re-examination of a citizen whose disability has been established indefinitely, is carried out at his personal application (application of his legal representative), or at the direction of an organization providing medical and preventive care, in connection with a change in his state of health. Or in the implementation of the Main Bureau of control over the decision taken by the corresponding branch of the bureau.

Group I disability is established for a period of 2 years, II and III groups- for 1 year.
The category "disabled child" is set for 1, 2 years, 5 years, until the age of 14, or until the age of 18.

Without specifying the period of re-examination, disability is established in the following cases:
- no later than 2 years after the initial recognition as a disabled citizen of a citizen who has diseases, defects, irreversible morphological changes, dysfunctions of organs and systems of the body specified in paragraphs of section I of the appendix to
- no later than 4 years after the initial recognition as a disabled person in the event that it is impossible to eliminate or reduce the degree of limitation of a citizen's life activity caused by persistent irreversible morphological changes, defects and dysfunctions of organs and systems of the body (with the exception of those indicated in the conditions) during the implementation of rehabilitation measures;
- upon initial recognition of a citizen as a disabled person on the grounds indicated above, as well as if the patient has a pathology indicated in paragraphs of section III of the appendix to
- with absence positive results rehabilitation measures carried out by the citizen before he was sent to the ITU, confirmed by the data of the institution providing him with medical and preventive care.
Retirement age is not a basis for determining a disability group without a re-examination period.

In case of recognition as a disabled citizen, the following documents are issued:
1. Certificate of disability group.
2. If there is a temporary disability certificate, a note about the expert decision is made in it.
3. Individual program of rehabilitation and habilitation ().
An extract from the certificate of examination is drawn up, on the basis of which the pension is made, and within 3 days is sent by the specialists of the ITU Bureau to the pension organization.

In case of refusal to recognize a disabled person, a citizen is issued:
1. Information about the results of the ITU of any form (at the request of a citizen - otherwise the decision is announced orally).
2. If there is a temporary disability certificate, a note about the expert decision is made in it.

Specialists of the Bureau of Medical and Social Expertise recognized 20-year-old Muscovite Ekaterina Prokudina, who has suffered from cerebral palsy since birth and cannot move independently, as a disabled person of the second group, effectively depriving her of the opportunity to undergo annual sanatorium treatment, the girl's mother Marina Prokudina told RIA Novosti.

In accordance with the rules for recognizing a person as a disabled person, approved by a decree of the Government of the Russian Federation of February 20, 2006, a citizen is recognized as disabled during a medical and social examination based on a comprehensive assessment of the state of the citizen's body based on an analysis of his clinical and functional, social, household, professional labor and psychological data using classifications and criteria approved by the Ministry of Health and social development Russian Federation.

Conditions for recognizing a citizen as disabled are:

Impairment of health with a persistent disorder of body functions due to diseases, consequences of injuries or defects;
- limitation of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, study or engage in work activities);
- the need for social protection measures, including rehabilitation.

The presence of one of these conditions is not sufficient grounds for recognizing a citizen as disabled.

Depending on the degree of disability caused by a persistent disorder of body functions resulting from diseases, the consequences of injuries or defects, a citizen recognized as disabled is assigned I, II or III disability groups, and a citizen under the age of 18 is assigned the category "disabled child".

Disability of the I group is established for 2 years, II and III groups - for 1 year.

In the event that a citizen is recognized as a disabled person, the following are indicated as the cause of disability: common disease, labor injury, occupational disease, disability from childhood, disability due to injury (concussion, injury) associated with military operations during the Great Patriotic War, military injury, illness received during military service, disability associated with the disaster at the Chernobyl nuclear power plant, the consequences of radiation exposure and direct participation in the activities of special risk units, as well as other reasons established by the legislation of the Russian Federation.

Re-examination of disabled people of group I is carried out once every 2 years, disabled people of groups II and III - once a year, and children with disabilities - once during the period for which the category "child with a disability" is established for the child.

A disability group is established for citizens without specifying the re-examination period, and for citizens under the age of 18, the category "disabled child" until the citizen reaches the age of 18:

Not later than 2 years after the initial recognition as a disabled person (establishing the category "disabled child") of a citizen who has diseases, defects, irreversible morphological changes, dysfunctions of organs and body systems according to the list according to the appendix;
- not later than 4 years after the initial recognition of a citizen as a disabled person (establishment of the category "disabled child") in the event that it is impossible to eliminate or reduce the degree of restriction of the citizen's life activity caused by persistent irreversible morphological changes, defects and dysfunctions of the organs and systems of the body during the implementation of rehabilitation measures.

The list of diseases, defects, irreversible morphological changes, violations of the functions of organs and systems of the body, in which the disability group (category "disabled child" until the citizen reaches the age of 18) is established without specifying the re-examination period:
1. Malignant neoplasms(with metastases and relapses after radical treatment; metastases without an identified primary focus with treatment failure; severe general state after palliative treatment, incurability (incurability) of the disease with severe symptoms of intoxication, cachexia and tumor decay).
2. Malignant neoplasms of lymphoid, hematopoietic and related tissues with severe symptoms of intoxication and severe general condition.
3. Inoperable benign neoplasms head and spinal cord with persistent pronounced disorders of motor, speech, visual functions and severe liquorodynamic disorders.
4. Absence of the larynx after its surgical removal.
5. Congenital and acquired dementia (severe dementia, mental retardation severe, profound mental retardation).
6. Diseases nervous system with a chronic progressive course, with persistent pronounced disorders of motor, speech, visual functions.
7. Hereditary progressive neuromuscular diseases, progressive neuromuscular diseases with impaired bulbar functions (swallowing functions), muscle atrophy, impaired motor functions and (or) impaired bulbar functions.
8. severe forms neurodegenerative diseases of the brain (parkinsonism plus).
9. Complete blindness in both eyes with the ineffectiveness of the treatment; decrease in visual acuity in both eyes and in the better seeing eye up to 0.03 with correction or concentric narrowing of the visual field in both eyes up to 10 degrees as a result of persistent and irreversible changes.
10. Complete deaf-blindness.
11. Congenital deafness with impossibility of hearing replacement (cochlear implantation).
12. Diseases characterized by increased blood pressure with severe complications from the central nervous system (with persistent pronounced disorders of motor, speech, visual functions), heart muscles (accompanied by circulatory failure IIB III degree and coronary insufficiency III IV functional class), kidneys (chronic kidney failure IIB III stage).
13. Ischemic disease hearts with coronary insufficiency III IV functional class of angina pectoris and persistent circulatory disorders IIB III degree.
14. Diseases of the respiratory organs with a progressive course, accompanied by a persistent respiratory failure II III degree, in combination with circulatory failure IIB III degree.
15. Cirrhosis of the liver with hepatosplenomegaly and portal hypertension of the III degree.
16. Fatal fecal fistulas, stoma.
17. Pronounced contracture or ankylosis of large joints of the upper and lower extremities in a functionally disadvantageous position (if arthroplasty is impossible).
18. End-stage chronic renal failure.
19. Fatal urinary fistulas, stoma.
20. Congenital anomalies in the development of the musculoskeletal system with severe persistent disorders of the function of support and movement when correction is impossible.
21. Consequences of traumatic injury to the brain (spinal) cord with persistent and pronounced disorders of motor, speech, visual functions and severe dysfunction of the pelvic organs.
22. Defects upper limb: amputation area shoulder joint, disarticulation of the shoulder, shoulder stump, forearm, absence of the hand, absence of all phalanges of the four fingers of the hand, excluding the first, absence of three fingers of the hand, including the first.
23. Defects and deformations lower limb: amputation area hip joint, disarticulation of the thigh, femoral stump, lower leg, absence of the foot.

Medical and social expertise a citizen is carried out at the bureau at the place of residence (at the place of stay, at the location of the pension file of a disabled person who has left for permanent residence outside the Russian Federation).

In the main bureau, a citizen's medical and social examination is carried out if he appeals against the decision of the bureau, as well as in the direction of the bureau in cases requiring special types of examination.

In the Federal Bureau of Medical and Social Expertise, a citizen is carried out in the event that he appeals against the decision of the main bureau, as well as in the direction of the main bureau in cases requiring particularly complex special types of examination.

A medical and social examination can be carried out at home if a citizen cannot come to the bureau (main bureau, Federal Bureau) for health reasons, which is confirmed by the conclusion of the organization providing medical and preventive care, or in the hospital where the citizen is being treated, or in absentia by decision of the relevant bureau.

The decision to recognize a citizen as a disabled person or to refuse to recognize him as a disabled person is made by a simple majority of votes of the specialists who conducted the medical and social examination, based on a discussion of the results of his medical and social examination.

A citizen (his legal representative) may appeal the decision of the bureau to the main bureau within a month on the basis of a written application submitted to the bureau that conducted the medical and social examination, or to the main bureau.

The bureau that conducted the medical and social examination of the citizen, within 3 days from the date of receipt of the application, sends it with all available documents to the main bureau.

The main bureau, no later than 1 month from the date of receipt of the citizen's application, conducts his medical and social examination and, based on the results, makes an appropriate decision.

In the event that a citizen appeals against the decision of the main bureau, the chief expert in medical and social expertise for the relevant subject of the Russian Federation, with the consent of the citizen, may entrust his medical and social expertise to another team of specialists from the main bureau.

The decision of the main bureau can be appealed within a month to the Federal Bureau on the basis of an application submitted by a citizen (his legal representative) to the main bureau that conducted the medical and social examination, or to the Federal Bureau.

The Federal Bureau, no later than 1 month from the date of receipt of the citizen's application, conducts his medical and social examination and, based on the results, makes an appropriate decision.

Decisions of the bureau, the main bureau, the Federal Bureau may be appealed to the court by a citizen (his legal representative) in the manner prescribed by the legislation of the Russian Federation.

Classifications and criteria used in the implementation of medical and social examination of citizens by federal government agencies medical and social expertise, approved by order of the Ministry of Health and Social Development of December 23, 2009.

The classifications used in the implementation of the medical and social examination of citizens determine the main types of violations of the functions of the human body due to diseases, the consequences of injuries or defects, and the degree of their severity, as well as the main categories of human life and the severity of the restrictions of these categories.

The criteria used in the implementation of the medical and social examination of citizens determine the conditions for establishing disability groups (categories "disabled child").

To the main types of violations of the functions of the human body relate:

Violations of mental functions (perception, attention, memory, thinking, intellect, emotions, will, consciousness, behavior, psychomotor functions);
- violations of language and speech functions (disorders of oral and written, verbal and non-verbal speech, violations of voice formation, etc.);
- violations of sensory functions (vision, hearing, smell, touch, tactile, pain, temperature and other types of sensitivity);
- violations of static-dynamic functions (motor functions of the head, trunk, limbs, statics, coordination of movements);
- violations of the functions of blood circulation, respiration, digestion, excretion, hematopoiesis, metabolism and energy, internal secretion, immunity;
- violations caused by physical deformity (deformities of the face, head, trunk, limbs, leading to external deformity, abnormal openings of the digestive, urinary, respiratory tracts, violation of body size).

In a comprehensive assessment of various indicators characterizing persistent violations of the functions of the human body, four degrees of their severity are distinguished:

1 degree - minor violations,
Grade 2 - moderate violations,
Grade 3 - severe violations,
Grade 4 - significant violations.

The main categories of human life include: the ability to self-service; ability to move independently; ability to orientate; ability to communicate; the ability to control one's behavior; ability to learn; ability to work.

In a comprehensive assessment of various indicators characterizing the limitations of the main categories of human life, 3 degrees of their severity are distinguished:

Self-service ability- the ability of a person to independently fulfill basic physiological needs, perform daily household activities, including personal hygiene skills:

1 degree - the ability to self-service with a longer expenditure of time, the fragmentation of its implementation, reducing the volume using, if necessary, auxiliary technical means;
2 degree - the ability to self-service with regular partial assistance from other persons using, if necessary, auxiliary technical means;
Grade 3 - inability to self-service, the need for constant outside help and complete dependence on other people.

Ability to move independently- the ability to independently move in space, maintain body balance when moving, at rest and when changing body position, use public transport:

1 degree - the ability to move independently with a longer expenditure of time, fragmentation of performance and reduction of distance using, if necessary, auxiliary technical means;
Grade 2 - the ability to move independently with regular partial assistance from other persons using, if necessary, auxiliary technical means;
Grade 3 - inability to move independently and needing the constant help of other people.

Orientation ability- the ability to adequately perceive the environment, assess the situation, the ability to determine the time and location:

1 degree - the ability to orient only in a familiar situation independently and (or) with the help of auxiliary technical means;
2 degree - the ability to orientate with regular partial assistance of other persons using, if necessary, auxiliary technical means;
Grade 3 - inability to orient (disorientation) and the need for constant help and (or) supervision of other persons.

Ability to communicate- the ability to establish contacts between people through the perception, processing and transmission of information:

1 degree - the ability to communicate with a decrease in the pace and volume of receiving and transmitting information; use, if necessary, auxiliary technical means of assistance; with isolated damage to the hearing organ, the ability to communicate using non-verbal methods and sign language services;
2 degree - the ability to communicate with regular partial assistance of other persons using, if necessary, auxiliary technical means;
Grade 3 - inability to communicate and the need for constant help from others.

The ability to control your behavior- the ability to self-awareness and adequate behavior, taking into account social and legal and moral and ethical standards:

1 degree- periodically occurring limitation of the ability to control one's behavior in difficult life situations and (or) constant difficulty in performing role functions affecting certain areas of life, with the possibility of partial self-correction;
2 degree- a constant decrease in criticism of one's behavior and the environment with the possibility of partial correction only with the regular help of other people;
3 degree- inability to control one's behavior, the impossibility of its correction, the need for constant help (supervision) of other persons.

Ability to learn- the ability to perceive, memorize, assimilate and reproduce knowledge (general educational, professional, etc.), mastering skills and abilities (professional, social, cultural, everyday):

1 degree- the ability to learn, as well as to receive education of a certain level within the framework of state educational standards in educational institutions of general purpose using special methods training, a special training mode, using, if necessary, auxiliary technical means and technologies;
2 degree- the ability to learn only in special (correctional) educational institutions for students, pupils, children with handicapped health or at home according to special programs using, if necessary, auxiliary technical means and technologies;
3 degree- inability to learn.

Ability to work- ability to carry out labor activity in accordance with the requirements for the content, volume, quality and conditions of work:

1 degree- the ability to perform labor activities in normal working conditions with a decrease in qualifications, severity, tension and (or) a decrease in the volume of work, the inability to continue working in the main profession while maintaining the ability to perform labor activities of a lower qualification under normal working conditions;
2 degree- the ability to perform labor activities in specially created working conditions using auxiliary technical means and (or) with the help of other persons;
3 degree- inability to any labor activity or impossibility (contraindication) of any labor activity.

The degree of restriction of the main categories of human life is determined based on the assessment of their deviation from the norm, corresponding to a certain period (age) of human biological development.

DISABILITY AND SOCIAL PROTECTION OF THE DISABLED

The procedure for establishing disability and recognizing a citizen as disabled

Citizens recognized in accordance with the established procedure as invalids of groups I, II or III have the right to a labor disability pension. The recognition of a citizen as a disabled person and the establishment of a disability group are carried out by federal institutions of medical and social expertise in the manner prescribed by the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation". The rules for recognizing a person as a disabled person were approved by Decree of the Government of the Russian Federation of February 20, 2006 N 95.

Disabled person - This is a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for his social protection.

Under disability is understood as a complete or partial loss of the ability or ability of a person to carry out self-service, move independently, navigate, communicate, control their behavior, study and engage in labor activity

The recognition of a citizen as a disabled person is carried out during the ITU based on a comprehensive assessment of the state of the citizen's body based on an analysis of his clinical, functional, social, professional, labor and psychological data using classifications and criteria approved by the Ministry of Health and Social Development of the Russian Federation.

Medical and social expertise - determination in accordance with the established procedure of the needs of the examined person in measures of social protection, including rehabilitation, based on an assessment of limitations in life activity caused by a persistent disorder of body functions.

A medical and social examination is carried out to establish the structure and degree of restriction of the citizen's life and his rehabilitation potential. Specialists of the bureau (the main bureau, the Federal Bureau) are obliged to familiarize the citizen (his legal representative) with the procedure and conditions for recognizing a citizen as disabled, as well as to provide explanations to citizens on issues related to the establishment of disability.

Conditions for recognizing a citizen as disabled are:

a) a health disorder with a persistent disorder of body functions due to diseases, consequences of injuries or defects;

b) restriction of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, study or engage in labor activity);

c) the need for social protection measures, including rehabilitation.

These signs must be present in the complex, the presence of one of these signs is not a sufficient condition for recognizing a citizen as disabled. Depending on the degree of disorder of body functions and limitation of life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category "disabled child".

Disability of the I group is established for 2 years, II and III groups - for 1 year. The category "disabled child" is set for 1 or 2 years, or until the citizen reaches the age of 18. Re-examination of a disabled person can be carried out in advance, but no more than 2 months before the expiration of the established period of disability.

In the event that a citizen is recognized as disabled, the date of establishment of disability is the day the bureau receives the citizen’s application for conducting the ITU. Disability is established before the 1st day of the month following the month for which the next ITU of a citizen (re-examination) is scheduled.

If a citizen is recognized as a disabled person as causes of disability are indicated:

general disease,

work injury,

Occupational Illness,

Disability from childhood, disability from childhood due to injury (concussion, mutilation) associated with military operations during the Second World War,

Military injury, disease received during military service,

Disability associated with the disaster at the Chernobyl nuclear power plant, the consequences of radiation exposure and direct participation in the activities of special risk units, as well as other reasons established by the legislation of the Russian Federation.

In the absence of documents confirming the fact of an occupational disease, work injury, military injury or other circumstances stipulated by the legislation of the Russian Federation that are the cause of disability, a general illness is indicated as the cause of disability. In this case, the citizen is assisted in obtaining these documents. When the appropriate documents are submitted to the bureau, the cause of disability changes from the date of submission of these documents without additional examination of the disabled person.

Citizen goes to ITU an organization providing medical and preventive care, regardless of its organizational and legal form, a body providing pensions, or a body for social protection of the population.

The organization providing medical and preventive care sends a citizen to the ITU after carrying out the necessary diagnostic, therapeutic and rehabilitation measures if there is evidence of a persistent impairment of body functions due to diseases, consequences of injuries or defects. At the same time, in the direction to the ITU, the form of which is approved by the Ministry of Health and Social Development of the Russian Federation, data on the state of health of a citizen are indicated, reflecting the degree of dysfunction of organs and systems, the state of the compensatory capabilities of the body, as well as the results of rehabilitation measures.

The body providing pensions, as well as the body of social protection of the population, has the right to send to the ITU a citizen who has signs of disability and needs social protection, if he has medical documents confirming violations of body functions due to diseases, consequences of injuries or defects.

If the organization providing medical and preventive care, the body providing pensions, or the body of social protection of the population refused to refer the citizen to the ITU, he is issued a certificate, on the basis of which the citizen (his legal representative) has the right to apply to the bureau on his own. Bureau specialists conduct an examination of a citizen and, based on its results, draw up a program for an additional examination of a citizen and carrying out rehabilitation measures, after which they consider the issue of whether he has disabilities. Examination is carried out only on the basis of a written application of a person or his legal representative.

The specialists conducting the ITU review the submitted medical documents, conduct a personal examination of the citizen, assess the degree of limitation of his life activity and collectively discuss the results. The decision to recognize a person as disabled or to refuse to establish disability is taken by the full composition of experts who make an expert decision, by a simple majority of votes.

The ITU federal institutions are entrusted with :

1) establishment of disability, its causes, timing, time of onset of disability, the needs of a disabled person in various types of social protection;

2) development of individual programs for the rehabilitation of disabled people;

3) study of the level and causes of disability in the population;

4) participation in the development of comprehensive programs for the rehabilitation of people with disabilities, prevention of disability and social protection of people with disabilities;

5) determination of the degree of loss of professional ability to work;

6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of measures of social support to the family of the deceased.

The decision of the ITU institution is binding on the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.

Medical and social examination of a citizen is carried out in the bureau at the place of residence (at the place of stay, at the location of the pension file of a disabled person who has left Russia for permanent residence). In the main bureau of the ITU, a citizen is held in case he appeals against the decision of the bureau, as well as in the direction of the bureau in cases requiring special types of examination. In the Federal Bureau of ITU, a citizen is carried out in case he appeals against the decision of the main bureau, as well as in cases requiring particularly complex special types of examination.

A medical and social examination can be carried out at home if a citizen cannot come to the bureau for health reasons, which is confirmed by the conclusion of the organization providing medical and preventive care, or in the hospital where the citizen is being treated, or in absentia by decision of the relevant bureau. ITU is carried out at the request of a citizen (his legal representative), which is submitted to the bureau in writing with a referral and medical documents confirming the violation of health.

During the ITU of a citizen, a protocol is kept, the submitted documents are studied, social, domestic, professional, psychological and other data of the citizen are analyzed.

Representatives of state non-budgetary funds, the Federal Service for Labor and Employment, as well as specialists of the relevant profile can participate as consultants with an advisory vote in the conduct of the ITU of a citizen at the invitation of the head of the bureau.

The decision is announced to the citizen who passed the ITU, in the presence of all specialists, who, if necessary, give explanations on it. Based on the results of the ITU of a citizen, an act is drawn up, which is signed by the head of the relevant bureau and the specialists who made the decision, and then certified with a seal. The term of storage of the ITU act of a citizen is 10 years. An extract from the ITU act is sent to the relevant bureau (main bureau, Federal Bureau) to the body providing his pension within 3 days from the date of the decision to recognize the citizen as disabled. Information about all cases of recognition of persons liable for military service or citizens of military age as disabled is submitted by the bureau to the relevant military commissariats.

In cases requiring special types of examination of a citizen in order to establish the structure and degree of disability, rehabilitation potential, as well as to obtain other additional information, an additional examination program may be drawn up, which is brought to the attention of a citizen undergoing ITU in an accessible form.

A citizen recognized as disabled is issued a certificate confirming the fact of the establishment of disability, indicating the group of disability and an individual rehabilitation program. A citizen who is not recognized as a disabled person, at his request, is issued a certificate of the results of the ITU.

A citizen (his legal representative) may appeal the decision of the bureau to the main bureau within one month on the basis of a written application. The bureau that conducted the ITU, within 3 days from the date of receipt of the application, sends it with all available documents to the main bureau, which, no later than 1 month from the date of receipt of the citizen’s application, conducts it with the ITU and, based on the results, makes an appropriate decision. The decision can also be appealed to the court.

In the Russian pension legislation for the first time appeared restriction on the right to a disability pension associated with the circumstances in which the disability occurred. Such a pension cannot be assigned if disability has occurred as a result of an intentional criminal offense (for example, in case of intentional arson, vehicle theft, robbery, hooliganism, etc.). A labor pension should not be assigned in the event of disability due to deliberate damage to one's health (for example, in case of deliberate infection with tuberculosis or self-mutilation in order to avoid being drafted into military service, when attempting suicide, etc.). However, these circumstances can be taken into account if the facts of the commission of a crime and intentional infliction of harm to health that caused disability are established in court, i.e. a sentence or a court decision that has entered into force (clause 4, article 8 of the Law on Labor Pensions). These causes of disability must also be subject to review by the ITU bodies and are therefore reflected in the disability certificate issued by the bureau. If there is no court decision that has entered into force, testifying to the connection of disability with the commission of an intentional criminally punishable act or with the intentional infliction of damage to one's health, the assignment of a disability labor pension cannot be refused. However, if these circumstances are subsequently confirmed properly, this will be the basis for terminating the payment of a labor disability pension. The new rules should not apply to pensions granted before 01/01/2002.

If a disabled person has no insurance period at all or if a causal relationship of disability with the commission of a crime or with intentional damage to one's health is established, then a social disability pension is established in accordance with the Law on State Pensions.

2.2 Rehabilitation of the disabled and ensuring their livelihoods

Rehabilitation of the disabled- a system and process of full or partial restoration of the abilities of disabled people for household, social and professional activities.

Rehabilitation of the disabled is aimed at eliminating or, as far as possible, more fully compensating for limitations in life activity caused by a health disorder with a persistent disorder of body functions, in order to social adaptation disabled people, their achievement of material independence and their integration into society.

The main directions of rehabilitation of the disabled include:

Restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;

Vocational guidance, training and education, employment assistance, industrial adaptation;

Socio-environmental, socio-pedagogical, socio-psychological and socio-cultural rehabilitation, social adaptation;

Physical culture and recreation activities, sports.

The implementation of the main directions of the rehabilitation of the disabled provides for the use by the disabled of technical means of rehabilitation, the creation of the necessary conditions for the unimpeded access of the disabled to the objects of engineering, transport, social infrastructure and the use of means of transport, communications and information, as well as providing the disabled and their families with information on the rehabilitation of the disabled.

Individual rehabilitation program for the disabled - developed on the basis of the decision of the authorized body that manages the federal institutions of the ITU, a set of rehabilitation measures that are optimal for a disabled person, including 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 functions of the body, restoration, compensation for the ability of a disabled person to perform certain types of activities.

An individual rehabilitation program for a disabled person is mandatory for execution by the relevant authorities and contains both rehabilitation measures provided to the disabled person with exemption from payment in accordance with the federal list, and for a fee by the disabled person or other persons (organizations). For a disabled person, it has a recommendatory nature, 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.

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. A disabled person has the right to independently decide the issue of providing himself with a specific technical means or type of rehabilitation. However, if the disabled person refused the individual rehabilitation program as a whole or from the implementation of its individual parts, he is not entitled to receive compensation in the amount of the cost of rehabilitation activities provided free of charge.

The technical means of rehabilitation provided for by the programs, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to the disabled for free use.

The state guarantees the disabled person the right to provide qualified free medical care, to receive the necessary information (for example, literature for the visually impaired), to ensure unhindered access to social infrastructure facilities, and to provide disabled people with living space. Disabled people and families with disabled children are provided with a discount of at least 50% on housing and utility bills.

Educational institutions ensure that persons with disabilities receive secondary general education, secondary vocational and higher professional education in accordance with an individual program for the rehabilitation of a disabled person, and if this is not possible, at home.

Persons with disabilities are guaranteed employment through the following special measures to increase their competitiveness in the labor market:

1) establishing in organizations, regardless of the form of ownership, a quota for hiring disabled people and a minimum number of special jobs for disabled people;

2) reservation of jobs in professions most suitable for the employment of disabled people;

3) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;

4) creating working conditions for disabled people in accordance with individual programs for the rehabilitation of disabled people;

5) creating conditions for entrepreneurial activity of disabled people;

6) organization of training of disabled people in new professions.

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established with full pay. Involving disabled people in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited to them for health reasons. Disabled persons are granted annual leave of at least 30 calendar days. Those in need of outside care and assistance are provided with medical and household services at home or in stationary institutions.

Disabled persons and children with disabilities are entitled to a monthly cash payment. If a citizen simultaneously has the right to a monthly cash payment under the Federal Law of November 24, 1995 N 181-FZ (as amended on December 09, 2010) "On the Social Protection of Disabled Persons in the Russian Federation" and under another federal law or other regulatory legal act, regardless of the basis, according to which it is established, he is provided with one payment at the choice of a citizen.

Citizens and officials guilty of violating the rights and freedoms of disabled people are liable in accordance with the legislation of the Russian Federation.

Disputes regarding the establishment of disability, the implementation of individual programs for the rehabilitation of persons with disabilities, the provision of specific measures of social protection, as well as disputes relating to other rights and freedoms of persons with disabilities, are considered in court.

New disability law: changes and latest news in 2018-2019

On April 9, 2018, the government approved new list disability diseases in which disability can be established:

• Indefinitely
• Until the child reaches the age of 18,
• In absentia.

The changes also affected the possibility of making changes to the individual program of rehabilitation or habilitation of a disabled person without revising the disability group or the period for which it was established.

The main changes occurred in the expansion of the list of diseases: for the first time, all chromosomal abnormalities, including Down syndrome, schizophrenia, liver cirrhosis, blindness, deafness, children cerebral paralysis. There are 58 diseases on the list in total.

Thus, the possibility of determining the period for establishing disability at the discretion of the ITU specialist will be excluded. The full list of changed diseases can be found in the government decree dated March 29, 2018 No. 339.

Classification of the disability group by disease

Disabled person is a person whose basic functions of the body are disrupted. It can be pathological changes or chronic ailments that led to some kind of deviation.

Disability- this is a persistent violation of the functionality of the body, which entails the restriction of the functional life of a person.

List of diseases for which disability is given:

• Defeats internal organs(endocrine, circulatory system).
• Neuropsychiatric diseases (disorders of consciousness, memory, intellect).
• Problems with hearing, vision and other senses.
• Language and speech disorders (dumbness, speech problems).
• Disorders of the musculoskeletal system.
• anatomical defects.

A citizen is recognized as disabled after passing a special examination. The state of his body is assessed by the medical and social expert commission (MSEC), which establishes his social, household, educational professional and labor status. The procedure is carried out in absentia, in a hospital or at home.

During the examination, the commission must tell the citizen the rules for establishing disability, as well as give the necessary explanations if questions arise.

To obtain a disability, it is necessary to gain a majority of the votes of the experts conducting the examination. If necessary, an additional examination is prescribed, which allows you to determine how much human life is limited.

The decision is made based on all the information received. If a person refused to undergo an additional examination, then the available information is taken into account.

Disability 1 group has term two years, 2 and 3 groups - one year. installed for one or two years, as well as up to the age of 18.

Re-examination is being carried out not earlier than 2 months before the expiration of the period of disability established earlier. This procedure is appointed at the request of the citizen himself or the organization that provides him with medical assistance.

List of diseases for assignment of 1 disability group

Citizens who have general dysfunctions of the body with deviations from normal indicators over 90%. These are people who can not do without outside help. It does not matter how these disorders were obtained - due to pathology, trauma or the development of the disease.

Deviations for disability group 1

• Vegetative state as a result of stroke, dysfunction of the nervous system.
• Amputation of both upper or lower limbs.
• Blindness.
• Deafness.
• Paralysis.
• Malignant neoplasms with metastases.
• Chronic diseases of the respiratory system, of cardio-vascular system causing circulatory problems.
• Damage to the nervous system, leading to irreversible visual impairment, speech, motor apparatus.
• Mental disorders (oligophrenia, dementia as a result of epilepsy).

To get 1 group, one violation from the norm is enough for any of the criteria (inability to learn, control one's actions).

List of diseases for assignment of 2 groups of disability

Group 2 is characterized by deviations at the level of 70-80% of the norm. At the same time, a person retains the ability to perform the simplest actions (partly with the use of special means or with the help of outsiders). This includes hearing-impaired citizens using various devices, persons able to move with assistive devices.

Disabled people of this group can work, despite the existing physical and mental disorders. Some types of work are available to them under special conditions.

Disability group 2 is established for the following diseases:

• Complete or partial deafness.
• Oncological diseases accompanied by radiation or chemical therapy.
• Liver damage in the absence of improvement after treatment.
• Joint endoprosthetics.
• Pulmonary insufficiency in the chronic stage (absence of one lung).
• Absence of one lower limb and dysfunction of the other limb.
• Blindness (ptosis in both eyes).
• Paralysis of one limb.
• Transplantation of internal organs.
• Severe skull defects.
• Mental disorders that last over 10 years.

List of diseases for assignment of 3rd disability group

It is often difficult to distinguish from healthy people on outward signs. With a disability of this category, there is always the opportunity to work. Indicators of dysfunction here should be 40-60%.

Disabled people of the 3rd group are able to move independently, although it takes them a lot of time. This also applies to other criteria. It is assumed that a person is able to navigate only in familiar surroundings.

What diseases belong to the 3rd group of disability:

• Early stage of cancer.
• Ability to see with only one eye (blindness or absence of the other eye).
• Permanent ptosis of one eye even after undergoing medical procedures.
• Bilateral deafness.
• Defects of the jaw with the impossibility of chewing.
• Defects of the face that cannot be eliminated by surgery.
• Skull defects.
• Paralysis of the hand, as well as one of the limbs, which limits the activity of movement and causes muscle hypotrophy.
• The presence of a foreign object in the brain (after injury). If a foreign body is introduced during treatment, then such cases are not considered by the commission. In this case, disability is assigned in the diagnosis of mental disorders.
• Installation foreign body in the region of the heart (pacemaker, artificial valve). Exceptions are the use of foreign objects in the course of treatment.
• Amputation of the hand, one or more fingers.
• Presence of only one kidney or lung.

Obtaining disability on an indefinite basis

Permanent disability is granted to the following groups of persons:

• Disabled people of the first two groups, subject to the preservation of the degree of disability or negative changes for 15 years.
• Disabled men from 60 years old.
• Disabled women from 50 years old.
• Disabled people of the first two groups, participants of the Great Patriotic War. This includes veterans who fought while in the status of a disabled person.
• Persons who received a disability in the course of military service.

List of diseases of disability groups on an indefinite basis:

• Cancers with metastases.
• Complete deafness or blindness with treatment failure.
• Various limb defects (absence of the shoulder joint).
• Diseases of the nervous system, accompanied by serious visual impairment, musculoskeletal system.
• Violations of the heart and blood vessels (if accompanied by an increase in blood pressure and complications of other body functions).

On April 9, 2018, the government expanded the list of diseases for which disability is granted indefinitely. All chromosomal abnormalities are included, including Down's syndrome, liver cirrhosis, blindness, deafness, cerebral palsy are included.

Simplification of the procedure for obtaining disability in 2019

The new RF GD No. 607 dated May 16, 2019 amends the procedure for a medical examination for the appointment of a disability. Now it will be easier to get a group. The text of the resolution establishes the following adjustments:

• The direction to ITU is transmitted to the bureau in in electronic format without the participation of a disabled person.
• Citizens will be able to apply for copies of decisions and acts of medical and social expertise through the State Services.
• On the portal, you can appeal the decision of the ITU by submitting an application in electronic format.

Conclusion

To obtain a disability, the conclusion of specialists from the relevant authorities is required. In case of disability, they give certain benefits and are assigned pension payments. This status is set by one or more groups:

• Musculoskeletal disorders.
• Serious problems with respiratory system and digestion.
• Circulatory, vascular and heart disorders.
• sensory dysfunction.
• physical defects.
• Mental disorders.

Since recently readers have had many questions about which diseases can be recognized as a person with a disability, and under which not, we decided to explain the state of things as clearly as possible.

The article is based on the Decree of the Government of the Russian Federation of February 20, 2006 (as amended on September 4, 2012) "On the procedure and conditions for recognizing a person as disabled."

A person is recognized as disabled during a medical and social examination, in which a comprehensive assessment of his condition is given based on an analysis of clinical, functional, social, professional, labor and psychological data using established classifications and criteria. Medical and social expertise is carried out to establish the structure and degree of limitation of a person's life and his ability to rehabilitation.

The conditions for recognizing a person as disabled are:

1) a health disorder with a persistent disorder of body functions due to diseases, consequences of injuries or defects;

2) limitation of life activity (complete or partial loss of a person’s ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, study or engage in work activities);

3) the need for social protection measures, including rehabilitation.

IMPORTANT: to recognize a person as a disabled person, all three conditions must be present! Moreover, the recognition of a person as a disabled person is decided by a specially assembled commission of experts from the Bureau of Medical and Social Expertise.

Depending on the degree of limitation of life activity, a person recognized as a disabled person is assigned I, II or III disability group, and a child under the age of 18 is assigned the category "disabled child".

Disability of the I group is established for 2 years, II and III groups - for 1 year. The category "disabled child" is set for 1 year, 2 years, 5 years, or until a person reaches the age of 18 years. After the expiration of these terms, it is necessary to undergo an examination to confirm or refute disability. Re-examination of disabled people of group I is carried out 1 time in 2 years, disabled people of groups II and III - 1 time per year, and disabled children - 1 time during the period for which the category "child with a disability" is established for the child.

Citizens are assigned a disability group without specifying the re-examination period, and children under 18 years of age are assigned the category “disabled child” until the citizen reaches the age of 18 under the following conditions:

- no later than 2 years after the initial recognition of a disabled person (establishment of the category "disabled child"), having diseases, defects, irreversible morphological changes, dysfunctions of organs and body systems according to the list according to the appendix;

- no later than 4 years after the initial recognition of a person as a disabled person (establishing the category "disabled child") in case of detection the impossibility of eliminating or reducing the degree of limitation of his life activity during the implementation of rehabilitation measures;

- no later than 6 years after the initial establishment of the category "disabled child" in the case of a recurrent or complicated course of a malignant neoplasm in children, including any form of acute or chronic leukemia, as well as in the case of the addition of other diseases that complicate the course of a malignant neoplasm.

Re-examination of a person whose disability has been established without specifying the re-examination period may be carried out on his personal application (application of his legal representative), or at the direction of an organization providing medical and preventive care, due to changes in health status.

Who sends to the ITU (medical and social expertise)?

A person is sent for medical and social examination by an organization providing medical and preventive care (polyclinic, hospital, etc.), regardless of its organizational and legal form, by the body providing pensions, or by the body of social protection of the population.

A medical and preventive institution sends a person for a medical and social examination after carrying out the necessary diagnostic, therapeutic and rehabilitation measures if there is data confirming a persistent impairment of body functions due to diseases, consequences of injuries or defects.

The body providing pensions, as well as the body of social protection of the population, has the right to send for a medical and social examination of a person who has signs of disability and needs social protection, if he has medical documents confirming violations of body functions due to diseases, consequences of injuries or defects(These documents are issued by a medical institution).

Organizations providing medical and preventive care, bodies providing pensions, as well as bodies of social protection of the population are responsible for the accuracy and completeness of the information indicated in the direction for medical and social examination. It follows that these organizations will collect information about the course of the disease very carefully and scrupulously.

If these organizations refused to send a person for a medical and social examination, he is issued a certificate, on the basis of which the citizen (his legal representative) has the right to apply to the bureau on his own.

Bureau specialists conduct an examination of a citizen and, based on its results, draw up a program for an additional examination of a citizen and carrying out rehabilitation measures, after which they consider the issue of whether he has disabilities. This is a very important point in the Ordinance, because it is the answer to many of the questions asked of us regarding disability.

Medical and social examination of a citizen is carried out in local office(at the place of stay, at the location of the pension file of a disabled person who has left for permanent residence outside the Russian Federation). AT main office a medical and social examination of a citizen is carried out if he appeals against the decision of the bureau, as well as in the direction of the bureau in cases requiring special types of examination. AT Federal Bureau a medical and social examination of a citizen is carried out in the event that he appeals against the decision of the main bureau, as well as in the direction of the main bureau in cases requiring particularly complex special types of examination. Medical and social examination can be carried out at home in the event that a citizen cannot appear at the bureau (main bureau, Federal Bureau) for health reasons, which is confirmed by the conclusion of the organization providing medical and preventive care, or at the hospital where the citizen is being treated, or in absentia by decision of the relevant bureau.

A medical and social examination is carried out at the request of a person (his legal representative). The application is submitted to the bureau in writing with a referral for medical and social examination issued by the organization providing medical and preventive care (the body providing pensions, the body of social protection of the population), and medical documents confirming the violation of health. Medical and social examination is carried out by specialists of the bureau (main bureau, Federal Bureau) by examining the citizen, studying the documents submitted by him, analyzing the social, domestic, professional, psychological and other data of the citizen. The decision to recognize a citizen as a disabled person or to refuse to recognize him as a disabled person is made by a simple majority of votes of the specialists who conducted the medical and social examination, based on a discussion of the results of his medical and social examination. The decision is announced to the person who underwent the medical and social examination (his legal representative), in the presence of all the specialists who conducted the medical and social examination, who, if necessary, provide explanations on it.

A person recognized as disabled is issued a certificate confirming the fact of the establishment of disability, indicating the group of disability, as well as an individual rehabilitation program. A person who is not recognized as a disabled person, at his request, is issued a certificate of the results of a medical and social examination.

The list of diseases, defects, irreversible morphological changes, impaired functions of organs and systems of the body, in which a disability group without indicating the term of re-examination (category “childish child” until the child reaches the age of 18 years) is established by citizens no later than 2 years after the initial recognition by a disabled person (establishing CATEGORY "CHILD-DISABLED")

1. Malignant neoplasms (with metastases and relapses after radical treatment; metastases without an identified primary focus with treatment failure; severe general condition after palliative treatment, incurability of the disease with severe symptoms of intoxication, cachexia and tumor decay).

2. Malignant neoplasms of lymphoid, hematopoietic and related tissues with severe symptoms of intoxication and severe general condition.

3. Inoperable benign neoplasms of the brain and spinal cord with persistent and pronounced disorders of motor, speech, visual functions (pronounced hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia) and severe liquorodynamic disorders.

4. Absence of the larynx after its surgical removal.

5. Congenital and acquired dementia (severe dementia, severe mental retardation, profound mental retardation).

6. Diseases of the nervous system with a chronic progressive course, with persistent pronounced disorders of motor, speech, visual functions (pronounced hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia, ataxia, total aphasia).

7. Hereditary progressive neuromuscular diseases (pseudohypertrophic Duchenne myodystrophy, Werdnig-Hoffmann spinal amyotrophy), progressive neuromuscular diseases with impaired bulbar functions, muscle atrophy, impaired motor functions and (or) impaired bulbar functions.

8. Severe forms of neurodegenerative diseases of the brain (parkinsonism plus).

9. Complete blindness in both eyes with the ineffectiveness of the treatment; decrease in visual acuity in both eyes and in the better seeing eye up to 0.03 with correction or concentric narrowing of the visual field in both eyes up to 10 degrees as a result of persistent and irreversible changes.

10. Complete deaf-blindness.

11. Congenital deafness with impossibility of hearing replacement (cochlear implantation).

12. Diseases characterized by high blood pressure with severe complications from the central nervous system (with persistent pronounced disorders of motor, speech, visual functions), heart muscles (accompanied by circulatory failure IIB-III degree and coronary insufficiency III-IV functional class), kidneys (chronic renal failure IIB - III stage).

13. Ischemic heart disease with coronary insufficiency III-IV functional class of angina pectoris and persistent circulatory disorders IIB-III degree.

14. Diseases of the respiratory organs with a progressive course, accompanied by persistent respiratory failure II-III degree, in combination with circulatory failure IIB-III degree.

15. Cirrhosis of the liver with hepatosplenomegaly and portal hypertension of the III degree.

16. Fatal fecal fistulas, stoma.

17. Pronounced contracture or ankylosis of large joints of the upper and lower extremities in a functionally disadvantageous position (if arthroplasty is impossible).

18. End-stage chronic renal failure.

19. Fatal urinary fistulas, stoma.

20. Congenital anomalies in the development of the musculoskeletal system with severe persistent disorders of the function of support and movement when it is impossible to correct.

21. Consequences of traumatic injury to the brain (spinal) cord with persistent and pronounced disorders of motor, speech, visual functions (pronounced hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia, ataxia, total aphasia) and severe dysfunction of the pelvic organs.

22. Defects of the upper limb: amputation of the shoulder joint, disarticulation of the shoulder, shoulder stump, forearm, absence of the hand, absence of all phalanges of the four fingers, excluding the first, absence of three fingers of the hand, including the first.

23. Defects and deformities of the lower limb: amputation of the hip joint, disarticulation of the thigh, femoral stump, lower leg, absence of a foot.