Recognition of disability occurs as a result of passing. On the procedure and conditions for recognizing 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 preparing documents for passing the ITU(including the algorithm of actions in case of refusal of attending physicians to refer a patient to MTU) is described in sufficient detail in this section of the forum:

THEORY OF DETERMINATION OF DISABILITY

Disabled person- 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.

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.
Availability one of these signs is not a condition sufficient to recognize a person as disabled.

Recognition of a person as a disabled person in accordance with clause 2 “” is carried out when conducting a medical and social assessment 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

On medical and social examination the citizen is referred by an organization providing medical treatment preventative care in accordance with clause 16 " " after carrying out the necessary diagnostic, therapeutic and rehabilitation activities, in the presence of data confirming persistent impairment of body functions caused by diseases, consequences of injuries or defects.

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

If an organization providing treatment and preventive care refuses to send a citizen to MSA, he is issued a certificate, on the basis of which the citizen has the right to contact the bureau independently ().

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

If there is a “Referral to ITU ()”, the 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(by decision of the bureau), in hospital(where the citizen is undergoing treatment), at home.

Home inspection is carried out in the following cases:
- If a citizen cannot appear at the bureau for health reasons, which is confirmed by the conclusion of the health care facility;
- if the patient has a pathology provided for in paragraphs of Section IV of the Appendix to

During the examination, specialists from the ITU Bureau acquaint the citizen (his legal representative) with the procedure and conditions for recognition as a disabled person, and also provide explanations on issues related to the determination of disability.

In accordance with paragraph 31 "" in cases requiring the necessary additional examination, request necessary information and other activities, an additional examination program is drawn up in order to establish the structure and degree of disability and 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 complete the additional examination program, an expert decision is made based on the available data.

Solution on recognition of a citizen as disabled or on refusal to recognize him as disabled accepted simple majority votes specialists who carried out the MSE.
The expert decision is announced to the citizen (his legal representative) in the presence of all the specialists who carried out the MSA, who, if necessary, give explanations on it.

Re-examination 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 earlier than the established deadlines, as well as re-examination of a citizen whose disability has been established for an indefinite 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 his health status. Or when the Main Bureau exercises control over a decision made accordingly by a branch of the bureau.

Disability of group I is established for a period of 2 years, groups II and III - for 1 year.
The category “disabled child” is established for 1, 2 years, 5 years, until the age of 14 years, or until the age of 18 years.

Without specifying the period for re-examination, disability is established in the following cases:
- no later than 2 years after the initial recognition as disabled of a citizen who has diseases, defects, irreversible morphological changes, violations of the functions 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 disabled if it is revealed that it is impossible to eliminate or reduce during the implementation of rehabilitation measures 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 (except for those indicated in the conditions);
- upon initial recognition of a citizen as disabled on the grounds indicated above, as well as if the patient has a pathology specified in paragraphs of Section III of the Appendix to
- in the absence of positive results of rehabilitation measures carried out to the citizen before his referral to medical treatment, confirmed by data from the institution providing him with medical and preventive care.
Retirement age is not the basis for determining a disability group without a period for re-examination.

If recognized as disabled, a citizen is issued the following documents:
1. Certificate of disability group.
2. If there is a certificate of temporary incapacity for work, a note about the expert decision is made on it.
3. Individual rehabilitation and habilitation program ().
An extract from the inspection report is drawn up, on the basis of which the pension is issued, and within 3 days it is sent by specialists of the ITU bureau to the pension organization.

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

From February 20, 2006 N 95

On the procedure and conditions for recognizing a person as disabled

In accordance with the Federal Law "On Social Protection of Disabled Persons in the Russian Federation", the Government of the Russian Federation decides:

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

2. Ministry of Health and social development of the Russian Federation, with the participation of all-Russian public associations of 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 government agencies medical social expertise.

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

Rules for recognizing a person as disabled

(as amended by Decree of the Government of the Russian Federation dated 04/07/2008 N 247)

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 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 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 labor activity) and its rehabilitation potential.

4. Bureau specialists (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, 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.

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.

(Clause 13 as amended by Decree of the Government of the Russian Federation dated 04/07/2008 N 247)

13.1. Citizens who are classified as “disabled children” 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.

(clause 13.1 introduced by Decree of the Government of the Russian Federation dated 04/07/2008 N 247)

14. If a citizen is recognized as disabled, the cause of disability is indicated general disease, labor injury, occupational disease, disability since childhood, disability since childhood due to injury (concussion, mutilation) associated with combat operations during the Great Patriotic War, war injury, illness acquired 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.

Specialists from the Bureau of Medical and Social Expertise recognized 20-year-old Muscovite Ekaterina Prokudina, who has been suffering from childhood cerebral palsy and cannot move independently, a disabled person of the second group, effectively depriving her of the opportunity to undergo an annual spa 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 as a general illness, work 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 a disaster 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 condition 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 increased 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 III IV functional class angina and persistent circulatory impairment 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 by a simple majority vote 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 in month period 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 law Russian Federation.

Classifications and criteria, used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination, were 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 include:

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 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-care ability- a person’s ability to independently fulfill basic physiological needs, perform daily household activities, including personal hygiene skills:

1st degree - the ability for self-service with a longer investment of time, fragmentation of its implementation, reduction of volume with the use of auxiliary aids if necessary 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 hearing organ, 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 work activities in accordance with the requirements for the content, volume, quality and conditions of 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.

Many people have questions about which diseases qualify people as disabled and which do not. Sometimes, with the same pathology, in one case they give a group, in another - not. These situations regulate the rules for recognizing a person as disabled, which are clearly stated in the legislation of the Russian Federation. This issue our article will be devoted to.

General rules

The federal law, which protects the rights of disabled people who are citizens of Russia, has determined the procedure for determining disability. The patient is assigned the status of “disabled” by the federal state medical and social examination in the form of:

• Federal Bureau of Medical and Social Expertise;
• Main Bureau of Medical and Social Expertise;
• medical and social examination of the local level, located in the region, city, which is considered a branch of the main bureau.

Recognition of a person as disabled is carried out during the MSEC (medical and social examination), at which members of the commission take into account the patient’s condition, assessing the results clinical trials, functional diagnostics, living conditions, social, psychological opportunities, professional and labor activities. For this purpose, criteria and classifications approved by the Ministry of Health are used.

MSEC determines the extent to which the patient’s body has been damaged, how limited his vital functions have been, and assesses his rehabilitation potential. Members of the medical commission must familiarize the person applying for benefits or his legal representative with the rules and conditions for recognition as disabled. They are required to provide clarification on issues related to the possibility of receiving benefits.

Under what conditions is a citizen assigned the status of a disabled person?

The medical commission takes into account the conditions for recognizing a person as disabled:

• persistent impairment of health, disorder of the functioning of organs and systems, which is caused by the underlying, occupational disease, injury, mutilation, defect;
• the presence of limited activity, which can be partial or complete. Possibility of self-service, independent movement, orientation, communication, controlling one’s own behavior, training, conducting work activities;
• presence of need for social protection, including habilitation and rehabilitation measures.

The basis for recognizing a patient as disabled is the presence of all points. If some condition is missing, then they cannot give him a group. Based on the severity of the disorder in the functioning of the body, which arose against the background of illness or injury, a person recognized as disabled is assigned 1, 2 or 3 groups. When health problems manifest themselves in minor children, they are assigned the status of a “disabled child.”

What is the duration of the examination?

The medical and social examination issues a decision for a certain period. Next, the patient must undergo re-examination in accordance with the established deadlines:

• Group 1 is assigned for 2 years;
• Group 2 – for 1 year;
• Group 3 – for 1 year;
• The status of “disabled child” is established for one year, two years, five years, until the age of 14, or 18 years.

The assignment is established based on the list according to the basis and application, which is described in Federal law. The date of assignment of the fact of disability is considered the day when the medical and social bureau received an application from a citizen for MSEC. A group is appointed before the first day of the month following the month for which the next re-examination is scheduled.

Causes of disability

During a medical and social examination, members of the commission determine the reasons that led to persistent health problems. If it turns out that this state arose as a result of the purposeful actions of the applicant, his request will be denied.

Disability can be recognized based on the following reasons:

• underlying disease;
• work injury. This section includes not only an injury that occurred at the workplace, but also on the territory of the enterprise, on the way to work and from work home;
• occupational disease resulting from unfavorable conditions labor;
• disability from an early age childhood;
• disability associated with the Second World War;
• war injuries;
• illness acquired during military service;
• damage resulting from work at the Chernobyl nuclear power plant;
• diseases associated with the Mayak accident;
• pathologies associated with radiation exposure;
• domestic injury.

If the applicant does not have documentation confirming the presence of an illness related to professional activity, work, or military injury, then according to the legislation of the Russian Federation he is given a general illness. The patient is assisted in obtaining necessary documentation. When they come to the medical and social bureau necessary documents, then a change in the cause that led to a persistent impairment of health from the date of their provision is recorded. In this case, no additional examination of the person is required.

Referral to MSEC

Disability is given by MSEC, to which the citizen is referred medical organization. The commission takes into account therapeutic, diagnostic, rehabilitation, and habilitation measures that confirm permanent damage to health caused by illness or injury. The attending physician in the referral indicates information about the patient’s condition, the degree of impairment of systems and organs, what the compensatory capabilities of the body are, and the results of the rehabilitation performed.

Please note: the attending physician gives a referral to MSEC, its form is approved by the Ministry of Labor.

The medical organization that refers the patient to the commission bears full responsibility for the reliability and completeness of the information provided in the referral. If for some reason the medical institution does not give a referral to the patient, then he receives a certificate, which is the basis for independently contacting the bureau. Bureau specialists conduct an examination of the citizen, based on the results of which the person recognized as disabled is prescribed rehabilitation and habilitation measures.

How is MSEC carried out?

A medical and social examination is carried out in the office at the patient’s place of residence. If there is a disagreement between the applicant and the local department, the citizen requires a special type of examination, then he is sent to the main bureau. The federal bureau is appointed if the patient plans to appeal the decision of the main bureau.

If the patient does not have the opportunity to attend the examination in person, then the examination can be carried out at home or in a hospital where he is being treated. It is also possible to conduct an examination in absentia based on the conclusion of a medical institution. In addition, correspondence examination is possible in the absence of positive result habilitation, rehabilitation program.

The decision on the possibility of an absentee examination is influenced by the person’s residence in a remote area that is not equipped with regular transport links, serious condition patient who interferes with transportation. IN medical and social bureau the referral is submitted in writing with a package of documents confirming the presence of health problems.

MSEC goals

Conducting a medical and social examination has the following goals:

• group definition;
• establishing the status of “disabled child”;
• determination of the cause that caused the permanent deterioration of health;
• detection of the cause that caused;
• definition ;
• establishing the degree of disability;
• determining how much the patient needs assistance from third parties;
• development of an individual rehabilitation and habilitation plan;
• issuing a copy of a certificate confirming the fact of incapacity for work.

During the MSEC, the secretary keeps minutes. The procedure can involve not only medical, social workers, but also labor specialists. The applicant may call any specialist to participate. Whether a patient is recognized as disabled or not is decided by the number of votes of professionals who conduct an examination and, if inevitable, give some explanations.

Based on the results, an act is drawn up, signed by the head of the bureau, certified by a seal. The applicant has the right to get acquainted with the act. Individually rehabilitation program Recommendations about the required service or product may be included. In 2019, the rules changed; citizens were given the opportunity to use Maternity Capital to cover the costs of rehabilitation goods for disabled children.

How re-examination is carried out

Re-examination is carried out based on the rules. For disability of the first group - once every two years, for the second and third groups - once a year. If an indefinite group was previously assigned, then the commission can be carried out at the request of the applicant, in the direction medical institution. It is possible to carry out an early re-examination, but not earlier than 8 weeks before the end of the period of incapacity.

If the applicant or his representative does not agree with the results of the local bureau, he may submit a written application to the main bureau to appeal within 30 days. The main bureau has a month to re-examine and make a decision.

Diseases for which disability is assigned indefinitely

Diseases that are grounds for assigning an indefinite group include:

• malignant tumor conditions with metastases;
• benign tumors spinal cord, inoperable form of the brain;
• surgical condition after removal of the larynx;
• acquired or congenital dementia;
• diseases of the central nervous system, characterized by impaired speech, vision, and movement;
• swallowing dysfunction;
• complete loss of vision;
• deaf-blindness;
• complete deafness;
• complicated cirrhosis of the liver;
• chronic renal failure grade 3;
• fistulas of the anus, urinary canal;
• congenital anomaly of bone tissue that impairs supporting function;
• consequences of severe spinal cord injuries;
• limb amputation.

Assignment of disability is carried out by order of the Federal legislation of Russia, which precisely determines the possibility and period of assignment of the group.

Since in lately Readers have many questions regarding which diseases can qualify a person as disabled and which cannot; we decided to explain the situation as clearly as possible.

The article is based on the Decree of the Government of the Russian Federation dated 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, which provides a comprehensive assessment of his condition based on an analysis of clinical, functional, social, professional, labor and psychological data using established classifications and criteria. A medical and social examination is carried out to establish the structure and degree of limitation of a person’s life activity and his ability to be rehabilitated.

The conditions for recognizing a person as disabled are:

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

2) limitation of life activity (complete or partial loss by a person of the ability or ability to perform self-care, move independently, navigate, communicate, control one’s behavior, study or engage in work activities);

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

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

Depending on the degree of disability, a person recognized as disabled is assigned disability group I, II or III, and a child 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. The category “disabled child” is established for 1 year, 2 years, 5 years, or until the person reaches the age of 18 years. After these deadlines, it is necessary to undergo an examination to confirm or refute the disability. 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 classified as a “disabled child”.

Citizens are assigned a disability group without specifying a period for re-examination, 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 person as disabled (establishment of the category “disabled child”) 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 person as disabled (establishment of the category “disabled child”), if 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 period for re-examination can be carried out upon 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 for MSE (medical and social examination)?

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

A medical and preventive institution refers 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 caused by diseases, consequences of injuries or defects.

The body providing pensions, as well as the social protection body, has the right to refer for a medical and social examination a person who has signs of disability and is in need of social protection, if he has medical documents confirming impairment of body functions due to diseases, consequences of injuries or defects(these documents are issued by the medical institution).

Organizations providing medical and preventive care, bodies providing pensions, as well as social protection bodies are responsible for the accuracy and completeness of information indicated in the referral 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 refuse 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 contact 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. This is a very important point in the Resolution, because it is the answer to many questions asked of us regarding disability.

Medical and social examination of a citizen is carried out in residential 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). IN main bureau A medical and social examination of 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. IN Federal Bureau A medical and social examination of a citizen is carried out if he appeals 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 in 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, 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. 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. The decision to recognize a citizen as disabled or to refuse to recognize him as disabled is made by a simple majority vote 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, give explanations on it.

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

LIST OF DISEASES, DEFECTS, IRREVERSIBLE MORPHOLOGICAL CHANGES, DISORDERS OF THE FUNCTIONS OF ORGANS AND SYSTEMS OF THE BODY, IN WHICH THE DISABILITY GROUP WITHOUT INDICATING THE TERM OF RE-CERTIFICATION (CATEGORY “DISABLED CHILD” UNTIL MARRIAGE WITH A CHILD AGE 18 YEARS OLD) IS ESTABLISHED FOR CITIZENS NO LATER THAN 2 YEARS AFTER THE FIRST RECOGNITION OF A DISABLED PERSON (ESTABLISHMENT CATEGORIES "DISABLED CHILD")

1. 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 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 severe impairments of motor, speech, visual functions (severe 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 severe impairment of motor, speech, visual functions (severe hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia, ataxia, total aphasia).

7. 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.

8. Severe forms of neurodegenerative brain diseases (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 of IIB - III degree and coronary insufficiency of III - IV functional class), kidneys (chronic renal failure stage IIB - III).

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

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

15. Liver cirrhosis with hepatosplenomegaly and portal hypertension of III degree.

16. Unremovable fecal fistulas, stomas.

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

18. End-stage chronic renal failure.

19. Unremovable urinary fistulas, stomas.

20. 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.

21. 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.

22. 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.

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