The procedure and conditions for recognizing a citizen as disabled are approved. Government of the Russian Federation

DISABILITY AND SOCIAL PROTECTION OF DISABLED PERSONS

The procedure for establishing disability and recognizing a citizen as disabled

Citizens duly recognized as disabled people of groups I, II or III have the right to a disability retirement pension. Recognition of a citizen as a disabled person and establishment of a disability group are carried out by federal medical institutions social expertise in the manner prescribed by the Federal Law "On Social Protection of Disabled Persons in the Russian Federation". The rules for recognizing a person as disabled are approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95.

Disabled person - this is a person who has a health disorder with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activities and necessitating his social protection.

Under limitation of life activity is understood as the complete or partial loss of a person’s ability or ability to carry out self-care, move independently, navigate, communicate, control one’s behavior, study and engage in labor activity (Federal Law “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995)

Recognition of a citizen as a disabled person is carried out during MSA based on a comprehensive assessment of the state of the citizen’s body based on the analysis of his clinical, functional, social, professional, labor and psychological data using classifications and criteria approved by the Ministry of Health and social development RF.

Medical and social examination - determination in the prescribed manner of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the 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 limitation of a citizen’s life activity and his rehabilitation potential. Specialists of the bureau (main bureau, Federal Bureau) are obliged to familiarize the citizen (his legal representative) with the procedure and conditions for recognizing a citizen as disabled, and also provide explanations to citizens on issues related to the determination of disability.

Conditions for recognizing a citizen as disabled are:

a) health impairment with a persistent disorder of body functions caused by diseases, consequences of injuries or defects;

b) 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 one’s behavior, study or engage in work);

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

These signs must be present in combination; 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 limitations in 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 group I is established for 2 years, groups II and III - for 1 year. The category “disabled child” is established 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.

If a citizen is recognized as disabled, the date of disability determination is considered to be the day the bureau receives the citizen’s application for medical examination. Disability is established before the 1st day of the month following the month for which the citizen’s next medical examination (re-examination) is scheduled.

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

General disease

Work injury,

Occupational Illness,

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

War injury, illness acquired during military service,

Disability related to the disaster Chernobyl nuclear power plant, consequences of radiation exposure and direct participation in the activities of special risk units, as well as other reasons, established by law RF.

In the absence of documents confirming the fact occupational disease, labor injury, military injury or other circumstances provided for 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 provided with assistance in obtaining these documents. When the relevant 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.

The citizen is sent to the ITU organization providing medical treatment preventative care, regardless of its organizational and legal form, by the body providing pensions or by the social protection body.

An organization providing medical and preventive care refers a citizen to medical examination after carrying out the necessary diagnostic, therapeutic and rehabilitation measures if there is data confirming a persistent impairment of body functions caused by 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 citizen’s health status are indicated, reflecting the degree of dysfunction of organs and systems, the state of the body’s compensatory capabilities, as well as the results of the rehabilitation measures taken.

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

If an organization providing medical and preventive care, a body providing pensions, or a social protection body refuses to send a citizen to MSA, he is issued a certificate on the basis of which the citizen (his legal representative) has the right to apply to the bureau independently. The bureau's specialists conduct an examination of the citizen and, based on its results, draw up a program for additional examination of the citizen and implementation of rehabilitation measures, after which they consider the question of whether he has any disabilities. The examination is carried out only on the basis of a written application from the person or his legal representative.

Specialists conducting MSA 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 obtained. The decision to recognize a person as disabled or to refuse to establish disability is made by a full panel of specialists making an expert decision, by a simple majority of votes.

ITU federal institutions are entrusted with :

1) establishing disability, its causes, timing, time of onset of disability, the need of a disabled person for various types of social protection;

2) development of individual rehabilitation programs for disabled people;

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

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

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 social support measures to the family of the deceased.

The decision to establish ITU is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

A 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). Mainly ITU Bureau a citizen is carried out if he appeals the decision of the bureau, as well as in the direction of the bureau in cases requiring special types of examination. At the Federal Bureau, the citizen’s ITU is carried out in the event of an appeal 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 an organization providing medical and preventive care, or in a hospital where the citizen is being treated, or in absentia by decision of the relevant bureau. MSA is carried out at the request of a citizen (his legal representative), which is submitted to the bureau in writing, accompanied by a referral and medical documents confirming the impairment of health.

When conducting MSE of a citizen, a protocol is kept, submitted documents are studied, and the citizen’s social, professional, labor, psychological and other data are analyzed.

Representatives of state extra-budgetary funds, Federal service on labor and employment, as well as specialists of the relevant profile can participate as consultants with the right of an advisory vote in conducting a citizen’s ITU at the invitation of the head of the bureau.

The decision is announced to the citizen who has undergone the ITU in the presence of all specialists who, if necessary, give explanations on it. Based on the results of the citizen’s MSA, 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 shelf life of a citizen’s ITU act is 10 years. An extract from the ITU act is sent by 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 on 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 obtain other additional information, an additional examination program can be drawn up, which is brought to the attention of the citizen undergoing MSA in a form accessible to him.

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

A citizen (his legal representative) can appeal the decision of the bureau to the main bureau in month period based on a written application. The bureau that conducted the MSA, 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 the MSA and, based on the results obtained, makes an appropriate decision. The decision can also be appealed to the court.

Appeared in Russian pension legislation for the first time restriction on the right to a disability pension related to the circumstances under which the disability occurred. Such a pension cannot be assigned if disability occurred as a result of the commission of an intentional criminal act (for example, intentional arson, vehicle theft, robbery, hooliganism, etc.). A labor pension should not be awarded in the event of disability as a result of deliberate damage to one’s health (for example, in the case of deliberate infection with tuberculosis or self-harm in order to avoid conscription, in an attempt to commit suicide, etc.). However, these circumstances can be taken into account if the facts of committing a crime and intentionally causing harm to health, resulting in disability, are established in court, i.e. by a verdict or court decision that has entered into legal force (clause 4 of article 8 of the Law on Labor Pensions). These causes of disability, in addition, must be subject to consideration by the ITU authorities, and therefore reflected in the certificate of disability issued by the bureau. If there is no court decision that has entered into force indicating the connection of disability with the commission of an intentional criminal act or with the intentional infliction of damage to one’s health, the assignment of a disability retirement pension cannot be refused. However, if subsequently these circumstances are duly confirmed, this will be the basis for termination of payment of the disability pension. The new rules should not apply to pensions granted before January 1, 2002.

If a disabled person has no insurance experience at all or if a cause-and-effect relationship between disability and 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 Pension Security.

2.2 Rehabilitation of disabled people and ensuring their livelihoods

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

Rehabilitation of disabled people is aimed at eliminating or possibly more fully compensating for limitations in life activity caused by health problems with persistent impairment of body functions, in order to social adaptation disabled people, their achievement of financial independence and their integration into society.

Main directions of rehabilitation of disabled people include:

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

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

Social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;

Physical education and recreation activities, sports.

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

Individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body that manages the federal institutions of ITU, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, timing and procedure for the implementation of medical, professional and other rehabilitation measures aimed at restoration, compensation for impaired or lost body functions, restoration, compensation of the disabled person’s abilities 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 a disabled person with an exemption from fees in accordance with federal list, and for payment by the disabled person himself or other persons (organizations). For a disabled person, it is of a recommendatory nature; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole.

The scope of rehabilitation measures provided for by the individual rehabilitation program for a disabled person cannot be less than that established by the federal list. A disabled person has the right to independently decide whether to provide himself with a specific technical means or type of rehabilitation. However, if a disabled person refuses an individual rehabilitation program as a whole or the implementation of its individual parts, he does not have the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

Technical means of rehabilitation provided for by the programs, provided to them at the expense of the federal budget and the Fund social insurance Russian Federation, are transferred to disabled people for free use.

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

Educational institutions ensure that disabled people receive secondary general education, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for the disabled person, and, if impossible, at home.

Disabled people are provided with employment guarantees through the following special events that help increase their competitiveness in the labor market:

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

2) reserving jobs in professions most suitable for employing people with disabilities;

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 rehabilitation programs for disabled people;

5) creating conditions for entrepreneurial activity of disabled people;

6) organizing training for 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 while maintaining full pay. Involvement of disabled people in overtime work, work on weekends and at night is permitted only with their consent and provided that such work is not prohibited for them due to 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 inpatient facilities.

Disabled people and disabled children have the right to a monthly cash payment. If a citizen simultaneously has the right to a monthly cash payment under Federal Law No. 181-FZ dated November 24, 1995 (as amended on December 9, 2010) “On social protection of disabled people 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 citizen’s choice.

Citizens and officials guilty of violating the rights and freedoms of people with disabilities bear responsibility in accordance with the legislation of the Russian Federation.

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

Specialists from 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-resort 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, recognition of a citizen as a disabled person is carried out 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, functional, social, everyday, professional, labor and psychological data using classifications and criteria approved by the Ministry of Health and Social Development of the Russian Federation.

Conditions for recognizing a citizen as disabled are:

Impaired health with a persistent disorder of body functions caused by 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 one’s behavior, study or engage in labor activities);
- the need for social protection measures, including rehabilitation.

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

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

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

If a citizen is recognized as disabled, the cause of disability is indicated general disease, labor injury, occupational disease, disability since childhood, disability due to injury (concussion, mutilation) associated with combat 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 disabled children - once during the period for which the child is assigned the category "disabled child".

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

No later than 2 years after the initial recognition as disabled (establishment of 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;
- no later than 4 years after the initial recognition of a citizen as disabled (establishment of the category “disabled child”) if it is revealed that it is impossible to eliminate or reduce during the implementation of rehabilitation measures the degree of limitation of the citizen’s life activity caused by persistent irreversible morphological changes, defects and dysfunctions of organs and systems of the body.

The list of diseases, defects, irreversible morphological changes, dysfunctions of organs and systems of the body for which the disability group (category “disabled child” until the citizen reaches the age of 18) is established without specifying the period for re-examination:
1. Malignant neoplasms(with metastases and relapses after radical treatment; metastases without detected primary focus if treatment is ineffective; heavy general state after palliative care, incurability (incurability) of the disease with severe symptoms of intoxication, cachexia and tumor disintegration).
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 violations motor, speech, visual functions and pronounced liquorodynamic disturbances.
4. Absence of the larynx after it 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 severe impairments of motor, speech, and visual functions.
7. Hereditary progressive neurological disorders muscle diseases, progressive neuromuscular diseases with impaired bulbar functions (swallowing functions), muscle atrophy, impaired motor functions and (or) violation of bulbar functions.
8. Severe forms neurodegenerative diseases of the brain (parkinsonism plus).
9. Complete blindness in both eyes if treatment is ineffective; a decrease in visual acuity in both eyes and in the better-seeing eye up to 0.03 with correction or a concentric narrowing of the field of vision in both eyes up to 10 degrees as a result of persistent and irreversible changes.
10. Complete deaf-blindness.
11. Congenital deafness with the impossibility of hearing endoprosthetics (cochlear implantation).
12. Diseases characterized by high blood pressure with severe complications from the central nervous system (with persistent severe impairment of motor, speech, visual functions), heart muscles (accompanied by circulatory failure IIB III degree and coronary insufficiency of III IV functional class), kidneys (chronic renal failure IIB III stage).
13. Ischemic disease hearts with coronary insufficiency of III IV functional class of angina and persistent circulatory disorder IIB III degree.
14. Respiratory diseases with a progressive course, accompanied by persistent respiratory failure II III degree, in combination with circulatory failure IIB III degree.
15. Liver cirrhosis with hepatosplenomegaly and portal hypertension III degree.
16. Unremovable fecal fistulas, stomas.
17. Severe contracture or ankylosis large joints upper and lower extremities in a functionally disadvantageous position (if endoprosthetics is impossible).
18. End-stage chronic renal failure.
19. Unremovable urinary fistulas, stomas.
20. Congenital anomalies bone development muscular system with severe persistent impairment of the function of support and movement when correction is impossible.
21. Consequences of traumatic injury to the brain (spinal cord) with persistent severe impairment of motor, speech, visual functions and severe dysfunction 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 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, thigh stump, lower leg, absence of the foot.

Medical and social examination 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).

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

In the Federal Bureau, a medical and social examination of a citizen is carried out in the event of an appeal 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, as confirmed by the conclusion of an organization providing medical and preventive care, or in a hospital where the citizen is being treated, or in absentia by decision of the relevant bureau.

The decision to recognize a citizen as disabled or to refuse to recognize him as disabled is made simple majority voices 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) can 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 sends it with all available documents to the main bureau within 3 days from the date of receipt of the application.

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

If a citizen appeals the decision of the main bureau, the chief expert in medical and social examination for the relevant constituent entity of the Russian Federation, with the consent of the citizen, may entrust the conduct of his medical and social examination to another group 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 the 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 a medical and social examination and, based on the results obtained, makes an appropriate decision.

Decisions of the bureau, the main bureau, the Federal Bureau can be appealed to the court by a citizen (his legal representative) in the manner established 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 examination, approved by order of the Ministry of Health and Social Development of December 23, 2009.

The classifications used in the implementation of medical and social examination of citizens determine the main types of dysfunctions of the human body, caused by diseases, 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 limitations of these categories.

The criteria used when carrying out medical and social examination of citizens determine the conditions for establishing disability groups (the category “disabled child”).

TO main types of dysfunctions of the human body relate:

Violations of mental functions (perception, attention, memory, thinking, intelligence, emotions, will, consciousness, behavior, psychomotor functions);
- violations of language and speech functions (violations of oral and written, verbal and non-verbal speech, disorders of voice formation, etc.);
- disturbances 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, torso, limbs, statics, coordination of movements);
- dysfunctions of blood circulation, respiration, digestion, excretion, hematopoiesis, metabolism and energy, internal secretion, immunity;
- disorders caused by physical deformity (deformations of the face, head, torso, 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 dysfunctions of the human body, four degrees of their severity are distinguished:

1st degree - minor violations,
2nd degree - moderate violations,
3rd degree - severe disturbances,
4th degree - significantly pronounced violations.

The main categories of human life include: the ability to self-service; ability to independent movement; 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-care ability- a person’s ability to independently fulfill basic physiological needs, perform daily household activities, including personal hygiene skills:

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

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

1st degree - the ability to move independently with a longer investment of time, fragmentation of execution and reduction of distance using, if necessary, auxiliary technical means;
2nd degree - the ability to move independently with regular partial assistance from other persons, using auxiliary technical means if necessary;
3rd degree - inability to move independently and need constant assistance from others.

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

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

Ability to communicate- the ability to establish contacts between people by perceiving, processing and transmitting information:

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

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

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

Learning ability- the ability to perceive, remember, assimilate and reproduce knowledge (general education, professional, etc.), mastery of skills and abilities (professional, social, cultural, everyday):

1st degree- ability to learn, as well as to obtain education at a certain level within the framework of government educational standards V educational institutions general purpose using special methods training, a special training regime, using, if necessary, auxiliary technical means and technologies;
2nd degree- ability to learn only in special (correctional) educational institutions for students, pupils, children with disabilities disabilities health or at home special programs using, if necessary, auxiliary technical means and technologies;
3rd degree- learning disability.

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

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

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

In accordance with Federal law"On social protection of disabled people in the Russian Federation" The Government of the Russian Federation decides:

1. Approve the attached Rules for recognizing a person as disabled.

2. To the Ministry of Health and Social Development of the Russian Federation with the participation of all-Russian public associations disabled people, develop and, in agreement with the Ministry of Education and Science of the Russian Federation and the Ministry of Finance of the Russian Federation, approve classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination.

3. The Ministry of Health and Social Development of the Russian Federation must provide clarifications on issues related to the application of the Rules approved by this Resolution.

4. Recognize as invalid the Decree of the Government of the Russian Federation of August 13, 1996 N 965 “On the procedure for recognizing citizens as disabled” (Collected Legislation of the Russian Federation, 1996, N 34, Art. 4127).

Chairman of the Government
Russian Federation
M.FRADKOV

Approved
Government Decree
Russian Federation
dated February 20, 2006 N 95

RULES FOR RECOGNIZING A PERSON WITH A DISABILITY

I. General provisions

1. These Rules determine, in accordance with the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” the procedure and conditions for recognizing a person as disabled. Recognition of a person (hereinafter - a citizen) as a disabled person is carried out by federal state institutions of medical and social examination: the Federal Bureau of Medical and Social Expertise (hereinafter - the Federal Bureau), the main bureaus of medical and social examination (hereinafter - the main bureaus), as well as the bureau of medical and social examination in cities and districts (hereinafter referred to as bureaus), which are branches of the main bureaus.

2. Recognition of a citizen as a disabled person is carried out during a medical and social examination based on a comprehensive assessment of the state of the citizen’s body based on the 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 Federation.

3. A medical and social examination is carried out to establish the structure and degree of limitation of a citizen’s life activity (including the degree of limitation of the ability to work) and his rehabilitation potential.

4. Specialists of the bureau (main bureau, Federal Bureau) are obliged to familiarize the citizen (his legal representative) with the procedure and conditions for recognizing a citizen as disabled, and also provide explanations to citizens on issues related to the determination of disability.

II. Conditions for recognizing a citizen as disabled

5. The conditions for recognizing a citizen as disabled are:
a) health impairment with a persistent disorder of body functions caused by diseases, consequences of injuries or defects;
b) 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 one’s behavior, study or engage in work);
c) the need for social protection measures, including rehabilitation.

6. The presence of one of the conditions specified in paragraph 5 of these Rules is not a sufficient basis for recognizing a citizen as disabled.

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

8. When a disability group is established for a citizen, it is simultaneously determined in accordance with the classifications and criteria provided for in paragraph 2 of these Rules, the degree of limitation of his ability to work (III, II or I degree of limitation) or the disability group is established without restriction of ability to work.

9. Disability of group I is established for 2 years, groups II and III - for 1 year.
The degree of limitation of the ability to work (no limitation of the ability to work) is established for the same period as the disability group.

11. If a citizen is recognized as disabled, the date of establishment of disability is the day the bureau receives the citizen’s application for a medical and social examination.

12. Disability is established before the 1st day of the month following the month for which the next medical and social examination of the citizen (re-examination) is scheduled.

13. Citizens are assigned a disability group without specifying a period for re-examination, and citizens under 18 years of age are assigned the category “disabled child” until the citizen reaches the age of 18:
no later than 2 years after the initial recognition as disabled (establishment of 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;
no later than 4 years after the initial recognition of a citizen as disabled (establishment of the category “disabled child”) if it is revealed that it is impossible to eliminate or reduce during the implementation of rehabilitation measures the degree of limitation of the citizen’s life activity caused by persistent irreversible morphological changes, defects and dysfunctions of organs and systems of the body ( except as specified in the appendix to these Rules).
Establishing a disability group without specifying the period for re-examination (category “disabled child” before the citizen reaches the age of 18) can be carried out upon initial recognition of a citizen as disabled (establishing the category “disabled child”) on the grounds specified in paragraphs two and three of this paragraph, Without positive results rehabilitation measures carried out to the citizen before he was sent for a medical and social examination. In this case, it is necessary that in a referral for a medical and social examination issued to a citizen by an organization providing him with medical and preventive care and referring him for a medical and social examination, or in medical documents in the case of sending a citizen for a medical and social examination in accordance with paragraph 17 of these Rules, data was contained on the absence of positive results of such rehabilitation measures.
For citizens who apply to the bureau independently in accordance with paragraph 19 of these Rules, a disability group without specifying the period for re-examination (category “disabled child” until the citizen reaches the age of 18) can be established upon initial recognition of the citizen as disabled (establishing the category “disabled child” ) in the absence of positive results of the rehabilitation measures prescribed to him in accordance with the specified paragraph."

13.1. Citizens who are classified as a “disabled child” are subject to re-examination upon reaching the age of 18 in the manner prescribed by these Rules. In this case, the calculation of the periods provided for in paragraphs two and three of paragraph 13 of these Rules is carried out from the day the disability group is established for the first time after reaching the age of 18 years."

14. If a citizen is recognized as disabled, the cause of disability is indicated as a general illness, work injury, occupational disease, disability since childhood, disability since childhood due to injury (concussion, mutilation) associated with combat operations during the Great Patriotic 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 provided for by the legislation of the Russian Federation that are the cause of disability, a general disease is indicated as the cause of disability. In this case, the citizen is provided with assistance in obtaining these documents. When the relevant 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.

III. The procedure for referring a citizen for a medical and social examination

15. A citizen is sent for a medical and social examination by an organization providing medical and preventive care, regardless of its organizational and legal form, by the body providing pensions, or by the social protection body.

16. An organization providing medical and preventive care shall refer a citizen 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 caused by diseases, consequences of injuries or defects.
At the same time, in a referral for a medical and social examination, the form of which is approved by the Ministry of Health and Social Development of the Russian Federation, data on the citizen’s health status are indicated, reflecting the degree of dysfunction of organs and systems, the state of the body’s compensatory capabilities, as well as the results of rehabilitation measures taken.

17. The body providing pensions, as well as the body for social protection of the population, has the right to refer for a medical and social examination a citizen who has signs of disability and needs social protection, if he has medical documents confirming impairment of body functions due to diseases, consequences of injuries or defects.
The form of the corresponding referral for medical and social examination, issued by the body providing pensions or the social protection body, is approved by the Ministry of Health and Social Development of the Russian Federation.

18. Organizations providing medical and preventive care, bodies providing pensions, as well as social protection bodies are responsible for the accuracy and completeness of the information specified in the referral for a medical and social examination, in the manner established by the legislation of the Russian Federation.

19. If an organization providing medical and preventive care, a body providing pensions, or a social protection body refuses to send a citizen 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 at the office yourself.
Bureau specialists conduct an examination of the citizen and, based on its results, draw up a program for additional examination of the citizen and implementation of rehabilitation measures, after which they consider the question of whether he has any disabilities

IV. The procedure for conducting a medical and social examination of a citizen

20. A 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 for permanent residence outside the Russian Federation).

21. At the main bureau, a medical and social examination of a citizen is carried out if he appeals the bureau’s decision, as well as upon referral from the bureau in cases requiring special types of examination.

22. In the Federal Bureau, a medical and social examination of a citizen is carried out in the event of an appeal 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.

23. 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 an organization providing medical and preventive care, or in a hospital where the citizen is hospitalized treatment, or in absentia by decision of the relevant bureau.

24. A medical and social examination is carried out at the request of a citizen (his legal representative).
The application is submitted to the bureau in writing, accompanied by a referral for a medical and social examination issued by an organization providing medical and preventive care (the body providing pensions, the social protection body), and medical documents confirming the impairment of health.

25. 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, professional, labor, psychological and other data of the citizen.

26. When conducting a medical and social examination of a citizen, a protocol is kept.

27. Representatives of state extra-budgetary funds, the Federal Service for Labor and Employment, as well as specialists of the relevant profile (hereinafter referred to as consultants) can participate in conducting a medical and social examination of a citizen at the invitation of the head of the bureau (main bureau, Federal Bureau).

28. The decision to recognize a citizen as disabled or to refuse to recognize him as disabled 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 citizen 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, give explanations on it.

29. Based on the results of the medical and social examination of the citizen, an act is drawn up, which is signed by the head of the relevant bureau (main bureau, Federal Bureau) and the specialists who made the decision, and then certified with a seal.
The conclusions of consultants involved in conducting a medical and social examination, a list of documents and basic information that served as the basis for making a decision are entered into the act of a medical and social examination of a citizen or attached to it.
The procedure for drawing up and the form of the act of medical and social examination of a citizen are approved by the Ministry of Health and Social Development of the Russian Federation.
The storage period for a citizen’s medical and social examination report is 10 years.

30. When conducting a medical and social examination of a citizen in the main bureau, the act of the medical and social examination of the citizen with the attachment of all available documents is sent to the main bureau within 3 days from the date of the medical and social examination in the bureau.
When conducting a medical and social examination of a citizen at the Federal Bureau, the act of the medical and social examination of the citizen, with all available documents attached, is sent to the Federal Bureau within 3 days from the date of the medical and social examination at the main bureau.

31. In cases requiring special types of examination of a citizen in order to establish the structure and degree of disability (including the degree of limitation of the ability to work), rehabilitation potential, as well as obtaining other additional information, an additional examination program can be drawn up, which is approved by the head of the relevant bureau (main bureau, Federal Bureau). This program is brought to the attention of the citizen undergoing a medical and social examination in a form accessible to him.
The additional examination program may include carrying out the necessary additional examination in a medical or rehabilitation organization, obtaining an opinion from the main bureau or the Federal Bureau, request necessary information, conducting a survey of the conditions and nature of professional activity, the social and living situation of a citizen and other activities.

32. After receiving the data provided for by the additional examination program, specialists from the relevant bureau (main bureau, Federal Bureau) make a decision to recognize the citizen as disabled or to refuse to recognize him as disabled.

33. If a citizen (his legal representative) refuses an additional examination and provides the required documents, the decision to recognize the citizen as disabled or to refuse to recognize him as disabled is made on the basis of available data, about which a corresponding entry is made in the act of medical and social examination of the citizen.

34. For a citizen recognized as disabled, specialists from the bureau (main bureau, Federal Bureau), who conducted a medical and social examination, develop an individual rehabilitation program, which is approved by the head of the relevant bureau.

35. An extract from the medical and social examination report of a citizen recognized as disabled is sent by 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.
The procedure for drawing up and the form of the extract are approved by the Ministry of Health and Social Development of the Russian Federation.
Information on all cases of recognition of persons liable for military service or citizens of military age as disabled is submitted by the bureau (main bureau, Federal Bureau) to the relevant military commissariats.

36. A citizen recognized as disabled is issued a certificate confirming the fact of disability, indicating the disability group and the degree of limitation of the ability to work, or indicating the group of disability without limiting the ability to work, as well as an individual rehabilitation program.
The procedure for drawing up and the form of the certificate and individual rehabilitation program are approved by the Ministry of Health and Social Development of the Russian Federation.
A citizen who is not recognized as disabled, at his request, is issued a certificate of the results of a medical and social examination.

37. For a citizen who has a document on temporary disability and is recognized as disabled, the disability group and the date of its establishment are indicated in the specified document.

V. The procedure for re-examination of a disabled person

38. Re-examination of a disabled person is carried out in the manner prescribed by sections I - IV of these Rules.

39. 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 disabled children - once during the period for which the category “disabled child” is established for the child.
Re-examination of a citizen whose disability has been established without specifying the period for re-examination can be carried out upon his personal application (application of his legal representative), or in the direction of an organization providing medical and preventive care, in connection with a change in health status, or when carried out by the main bureau, the Federal Bureau control over decisions made by the respective bureau, the main bureau.

40. 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.

41. Re-examination of a disabled person earlier than the established period is carried out upon his personal application (application of his legal representative), or in the direction of an organization providing medical and preventive care in connection with a change in health status, or when the main bureau, the Federal Bureau, exercises control over decisions made respectively bureau, main bureau.

VI. The procedure for appealing decisions of the bureau, main bureau, Federal Bureau

42. 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 sends it with all available documents to the main bureau within 3 days from the date of receipt of the application.

43. The Main Bureau, no later than 1 month from the date of receipt of the citizen’s application, conducts a medical and social examination and, based on the results obtained, makes an appropriate decision.

44. If a citizen appeals the decision of the main bureau, the chief expert on medical and social examination for the relevant constituent entity of the Russian Federation, with the consent of the citizen, may entrust the conduct of his medical and social examination to another group of specialists from the main bureau.

45. The decision of the main bureau can be appealed within a month to the Federal Bureau on the basis of an application submitted by the 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 a medical and social examination and, based on the results obtained, makes an appropriate decision.

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

"Application
to the Rules for recognizing a person as disabled"
(as amended by the resolution of the Government of the Russian Federation
dated April 7, 2008 #247)

TRANSPARENCY
diseases, defects, irreversible morphological changes, dysfunctions of organs and systems of the body, in which the disability group without specifying the period for re-examination (category “disabled child” before the citizen reaches the age of 18) is established for citizens no later than 2 years after the initial recognition as disabled (establishment of the category “disabled child”)

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

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

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

Absence of the larynx after its surgical removal.

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

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

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

Severe forms of neurodegenerative brain diseases (parkinsonism plus).

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

Complete deaf-blindness.

Congenital deafness with the impossibility of hearing endoprosthetics (cochlear implantation).

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

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

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

Liver cirrhosis with hepatosplenomegaly and grade III portal hypertension.

Unremovable fecal fistulas, stomas.

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

End-stage chronic renal failure.

Unremovable urinary fistulas, stomas.

Congenital anomalies of the development of the musculoskeletal system with severe persistent impairment of the function of support and movement with the impossibility of correction.

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

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

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

One of the most common questions that patients have are questions about receiving disability: Which group is eligible? How to get a referral? What to do if you are denied disability? This article contains answers to many questions related to the disability determination procedure.

Regulatory acts

The general procedure for establishing disability is determined by the “Rules for recognizing a person as disabled,” approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95.

The current legislation does not contain a list of diseases for which disability must be established (there is only a list of diseases for which, no later than 2 years after initial recognition as disabled, permanent disability can be established), therefore in each case the issue is resolved individually, based on the objective condition of the patient , the presence of limitations in his life.

Obtaining a referral for a medical and social examination

The issue of establishing disability is resolved during an examination at the Bureau of Medical and Social Examination (MSE). Referral to ITU is issued medical institution, in which the patient is observed. If a citizen has medical documents confirming violations of body functions, a referral can also be obtained from pension authorities and social protection authorities.

If a referral to ITU is refused, the citizen is issued a certificate with which he can independently contact the ITU Bureau. In this case, ITU specialists conduct an examination of the citizen and develop a program for additional examination of the citizen and implementation of rehabilitation measures, after which they consider the issue of the presence of disabilities.

A referral to ITU can be obtained both at the place of residence and at the place of temporary stay. This is provided for in paragraph 20 of the “Rules for recognizing a person as disabled.”

Deadlines for referral to ITU

The deadlines for referral to ITU are established by clause 27 of the “Procedure for issuing certificates of incapacity for work”, approved by Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n.

• obvious unfavorable clinical and labor prognosis, regardless of the duration of temporary disability, but no later than 4 months from the date of its start;
• favorable clinical and work prognosis with temporary disability lasting over 10 months (in some cases - conditions after injuries and reconstructive operations, in the treatment of tuberculosis - over 12 months);
• need to change the program vocational rehabilitation working disabled people in the event of a worsening clinical and work prognosis, regardless of the disability group and the duration of temporary disability.

It is worth noting that there is no minimum period for referral to ITU, and a citizen, if there are appropriate medical indications, has the right to receive a referral to ITU without waiting for the expiration of the above deadlines. The day the disability is established is the day the citizen’s application is received by the ITU Bureau. From the same day, the disability pension should be calculated.

For unemployed citizens There is no deadline for submission to ITU.

Conditions for recognizing a person as disabled

The basic conditions for establishing disability are enshrined in clause 5 of the above Rules:

• Impaired health with a persistent disorder of body functions caused by diseases, consequences of injuries or defects.
• Limitation of life activity (complete or partial loss by a citizen of the ability or ability to provide self-care, move independently, navigate, communicate, control one’s behavior, study or engage in work activities).
• The need for social protection measures, including rehabilitation.

The presence of only one of the three conditions is not a sufficient basis for recognizing a person as disabled.

In addition to these conditions, ITU criteria apply (approved by Order of the Ministry of Health and Social Development of August 22, 2005 No. 535).

Disability groups

If, based on the results of the examination, a decision is made to recognize disability, the citizen is assigned disability group I, II or III. Persons under 18 years of age are classified as “disabled children.” The degrees of limitation of the ability to work were abolished by the amendments to the “Rules for recognizing a person as disabled” that came into force in 2010.

Disability of group I is established for 2 years, disability of groups II and III - for 1 year. The category “disabled child” is established for 1, 2 years or until the age of 18.

Reason for disability

If a citizen is recognized as disabled, the cause of disability is indicated as a general illness, a work injury, an occupational disease, disability since childhood, disability since childhood due to injury (concussion, mutilation) associated with combat 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.

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

Permanent disability

Grounds for establishing permanent disability are specified in clause 13 of these rules.

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

• no later than 2 years after the initial recognition as disabled (establishment of the category “disabled child”) of a citizen with 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 citizen as disabled (establishment of the category “disabled child”) if it is revealed that it is impossible to eliminate or reduce during the implementation of rehabilitation measures the degree of limitation of the citizen’s life activity caused by persistent irreversible morphological changes, defects and dysfunctions of organs and systems of the body ( except as specified in the appendix to these Rules).

Establishing a disability group without specifying the period for re-examination (category “disabled child” before the citizen reaches the age of 18) can be carried out upon initial recognition of a citizen as disabled (establishing the category “disabled child”) on the grounds specified in paragraphs two and three of this paragraph, in the absence of positive results of rehabilitation measures carried out to the citizen before his referral for a medical and social examination. In this case, it is necessary that in the referral for a medical and social examination issued to a citizen by the organization providing him with medical and preventive care and referring him for a medical and social examination, or in medical documents in the case of a citizen being referred for a medical and social examination in accordance with paragraph 17 these Rules contained data on the absence of positive results of such rehabilitation measures.

Individual rehabilitation program

When conducting an examination, ITU specialists develop individual program rehabilitation (IPR), containing information about restrictions to work and recommended for a disabled person rehabilitation activities And technical means(prostheses, wheelchairs and etc.). A copy of this program is given to the disabled person. An individual rehabilitation program for the disabled person is of a recommendatory nature, but its implementation is mandatory for any organization.

Appealing ITU decisions

The decision of the ITU territorial bureau can be appealed to the ITU Main Bureau within a month from the date of the examination. The decision of the ITU Main Bureau can be appealed within a month to the ITU Federal Bureau.

In this case, the application for appeal must be submitted to the same bureau that conducted the examination, and within 3 days it must send the documents to a higher bureau.

The decision of any bureau can be appealed by a citizen in court. Based on the results of the trial, the ITU decision may be declared invalid and a re-examination may be carried out.

If you still have questions related to obtaining a disability, you can call All-Russian free 24/7 hotline for cancer patients and their loved ones 8-800 100-0191 and ask them to a lawyer.

Anton Radus, legal consultant of the Clear Morning Project

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

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

• Indefinitely,
• Until the child reaches 18 years of age,
• 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 is established.

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

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

Classification of disability group by disease

Disabled person is a person whose basic body functions are impaired. It can be pathological changes or chronic illnesses that led to some deviations.

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

List of diseases that cause disability:

• Defeats internal organs(endocrine, circulatory system).
• Neuropsychiatric diseases (disorders of consciousness, memory, intelligence).
• Problems with hearing, vision and other senses.
• Language and speech disorders(muteness, speech problems).
• Musculoskeletal disorders.
• Anatomical defects.

A citizen is recognized as disabled after passing a special examination. The condition of his body is being assessed by medical and social expert commission (MSEC), which establishes his social, everyday, 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 determining disability, as well as provide the necessary explanations if questions arise.

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

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

Group 1 disability has term two years, 2 and 3 groups – one year. is installed for one or two years, and up to the age of 18.

Re-examination is being carried out no earlier than 2 months before the previously established period of disability expires. This procedure is assigned at the request of the citizen himself or the organization that provides him with medical care.

List of diseases for assigning 1st disability group

Citizens who have general disorders of the body's functioning with deviations from normal indicators over 90%. These are people who cannot cope without outside help. It does not matter how these disorders were obtained - due to pathology, injury or the development of a disease.

Deviations in disability group 1

• Vegetative state as a result of stroke, nervous system dysfunction.
• Amputation of both upper or lower limbs.
• Blindness.
• Deafness.
• Paralysis.
• Malignant neoplasms with metastases.
• Chronic respiratory diseases, of cardio-vascular system, causing problems with blood circulation.
• Lesions of the nervous system leading to irreversible impairment of vision, speech, and motor systems.
• Mental disorders (mental retardation, dementia as a result of epilepsy).

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

List of diseases for assignment of disability group 2

Group 2 is characterized by deviations at 70-80% of normal. At the same time, the person retains the ability to perform the simplest actions (partially using special means or with the help of strangers). This includes hearing-impaired citizens who use various devices, and people who are able to move with assistive devices.

Disabled people of this group can work, despite their 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 with no improvement after treatment.
• Joint endoprosthetics.
• Pulmonary failure in chronic stage(lack 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.
• Serious defects of the skull.
• Mental disorders that last more than 10 years.

List of diseases for assigning disability group 3

It is often difficult to distinguish from healthy people By external signs. If you have a disability in this category, you always have the opportunity to work. The dysfunction indicators here should be 40-60%.

Group 3 disabled people are able to move independently, although it takes them quite a lot of time. This applies to other criteria as well. It is assumed that a person is able to navigate only in familiar surroundings.

What diseases belong to group 3 disability:

• The initial stage of cancerous tumors.
• The ability to see with only one eye (blindness or absence of the other eye).
• Permanent ptosis of one eye even after undergoing treatment procedures.
• Bilateral deafness.
• Defects of the jaw due to the inability to chew.
• Facial defects that cannot be corrected surgically.
• Defects of the skull bones.
• Paralysis of the hand, as well as one of the limbs, which limits movement activity and causes muscle wasting.
• The presence of a foreign object in the brain area (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 when diagnosing mental disorders.
• Installation foreign body to the heart area (pacemaker, artificial valve). Exceptions - use foreign objects during treatment.
• Amputation of the hand, one or more fingers.
• Having only one kidney or lung.

Obtaining permanent disability

Indefinite disability is granted to the following groups of persons:

• Disabled people of the first two groups, subject to the same 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 Second World War. This includes veterans who fought while disabled.
• Persons who became disabled during military service.

List of diseases of disability groups on an indefinite basis:

• Cancers with metastases.
• Complete deafness or blindness if treatment is ineffective.
• Various limb defects (absence of the shoulder joint).
• Diseases of the nervous system, accompanied by serious impairment of vision and the musculoskeletal system.
• Disorders of the heart and blood vessels (if accompanied by increased blood pressure and complications of other body functions).

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

Simplification of the procedure for obtaining disability in 2019

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

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

Conclusion

To obtain disability, a conclusion from specialists from the relevant authorities is required. In case of disability, certain benefits are provided and pension payments are assigned. This status is established according to one or more groups:

• Musculoskeletal disorders.
• Serious problems with respiratory system and digestion.
• Disorders of blood circulation, blood vessels and heart function.
• Dysfunction of sensory organs.
• Physical defects.
• Mental disorders.