Most people with serious health problems face the problem. This happens both in the process of preparing the documents necessary for the examination, and directly passing the MSEC (medical and social expert commission).

However, for other categories of citizens, sometimes the completely opposite question arises - how to remove disability, that is, what actions should be taken to officially get rid of this status and whether this is possible.

Is it possible to remove disability?

The assignment of disability status to a person with disabilities (HH) and the establishment of the appropriate group for him (for children - the category “disabled child”) occurs during the implementation of MSEC.

This procedure is carried out by federal state medical institutions (MSEC Bureau), in accordance with paragraphs No. 1, 2, 7, prescribed in legal document No. 95 “Rules for recognizing a person as disabled,” approved on February 20, 2006 by Decree of the Government of the Russian Federation.

The procedure for registering and obtaining disability is quite complex and problematic, and it is not possible to physically carry out the reverse process. The legislation does not initially provide for such a turn of events, that is, that a person who has a disability group will want to remove it at will. It is also not possible to do this at his request.

However, there are no hopeless situations, and such a complex issue as officially getting rid of the established “disabled” status on one’s own initiative can be solved in two ways. Which one to choose directly depends on the preferences of the person himself or on his capabilities at a particular time.

Ways to remove disability status

In order to get rid of the previously assigned disability status as a result of MSEC, a Russian citizen can do the following.

Missing the next examination

A disabled person may not appear for the next scheduled examination (confirmation of status). According to existing rules, disability is assigned until the 1st day of the month, in which the next MSEC re-examination should be carried out.

Group 1 disability is confirmed once every two years, group 2 and 3 – every year. Children are assigned disabled status once for the entire period.

Consequently, it turns out that if a person with disabilities misses a scheduled re-examination for some reason, that is, does not appear at the MSEC, then the disability will automatically be cancelled.

In such a situation, along with getting rid of the status, the citizen loses all social privileges (preferential travel, discounts on the purchase of medicines and medical products) provided by the state.

Early examination

The second current option for removing disability is to conduct an examination ahead of schedule, carried out at the request of a person who has this status.

Disability can be removed if your health improves

If a disabled person requests to carry out the specified procedure earlier than the due date, then MSEC does not have the right to refuse him. In addition, the medical institution itself sometimes directs an early examination, based on positive changes in the patient’s health status.

Attention! It is possible to request early re-examination no earlier than 2 months before the expiration of the next assigned disability status.

In such a case, the disability group will be removed only if errors or significant shortcomings are discovered in the previous documentation, or the patient’s health will noticeably improve, which will certainly be noted during the expert medical examination.

If, based on the results of the examination, it turns out that there are no positive changes in the state of health, then the request to cancel the disability status will remain unrealized.

What documents will be required?

Since the cancellation of disability status, regardless of the situation in the second case, requires an MSEC, it will be necessary to collect a package of documents for examination by the commission.

The person submitting the request must complete an application for a medical examination indicating the following information:

• Full name of the applicant or his official representative;
• name of the medical institution conducting the examination;
• passport series and number, date and place of issue;
• justification for conducting an extraordinary examination;
• date of application and signature of the person submitting the document;
• provided that SNILS is available, its original and a copy are attached.

Both the person with disabilities and the person authorized by him or her can submit an application for early re-examination. To do this, you should issue a notarized power of attorney, which allows you to perform such actions.

It is also mandatory to provide all medical certificates confirming a person’s incapacity for work. For example, for the “” procedure, you need to submit a document that states limitations in life from birth until the age of 18.

In a situation where there has been an accident at work, a report on this incident or an occupational disease or a court decision on the assignment of disability is filed. If a sick person is not able to come to MSEC on his own, then an appropriate document from the medical institution confirming this is submitted.

However, the inability to be physically present at the examination is indisputable evidence that there have been no changes towards improvement, and, in all likelihood, the disability will not be removed.

You can get rid of the “disabled” status only by passing the MSEC

Grounds

The established status of disability or childhood disability can be revoked in several cases. If a person does not appear at MSEC for the next scheduled re-examination on time.

In this case, a disabled person has the right to submit a request for permission to undergo an examination within 3 months from the date of expiration of the document received last time. If he does not appear during this period, then the status of a disabled person is lost. Such a situation is seen as disinterest and a conscious rejection of the group, and, consequently, of compensation, benefits and other privileges provided by the state.

The health of the disabled person has improved significantly, which is certainly confirmed by documentation from the medical institution. Exceptions may be diseases of the musculoskeletal system, since very rarely in practice the legs become the same length or it is possible to somehow compensate for the absence of limbs.

If a disability was assigned to a child upon reaching the age of majority, the status can be removed earlier than the designated period based on the results of the MSEC. It can be removed, saved or changed.

The decision of MSEC is made solely based on the results of medical examinations. On a person’s own initiative, neither the commission nor doctors will be able to cancel the status of a disabled person. In a situation where the examination decided not to remove the group, this decision can only be challenged by going to court.

To obtain the status of “disabled,” a citizen is required by law to undergo an MSE (medical and social examination), where specialists will assess his current condition taking into account specific criteria. For example, it is necessary to record the loss of certain body functions, disability and various restrictions. That is, in total, an applicant for a group, especially for an indefinite period, must experience serious difficulties and need comprehensive assistance.

The legislative framework

The issue under consideration is regulated by several laws, in particular:

Federal Law No. 181 - defines disability, indicates social protection measures in relation to this category;

Federal Law No. 46 - ratifies the rights of citizens with disabilities in Russia, which are established at the international level.

You should also take into account Government Resolution No. 95 (sets out the procedure for obtaining special status) and No. 339 (amends the previous document and defines a new list of diseases with rules allowing for the establishment of an indefinite group).

Significant Aspects

Important grounds are established by law, taking into account which the person being examined is given a disability for life without the need to be re-examined once a year or every few years. Let's be more specific about the following: How:

1) the presence of a persistent loss of certain abilities by the body, due to which it becomes impossible to lead the same, full life (a complex health condition must be confirmed by an ITU conclusion);

2) the assigned group will depend on the percentage of loss of legal capacity (3, 2 or 1 - this is the most difficult), and either for a year or two, or forever;

3) permanent disability can be given both at the first examination and at subsequent ones, here everything depends on the person’s health, on the possibility of his recovery, the effectiveness of rehabilitation and more;

4) the designated group allows its owner to enjoy a monthly pension, benefits, and special government benefits. programs, that is, receive support at different levels.

For what diseases is permanent disability assigned?

Obviously, on an ongoing basis, when you do not need to confirm your status, the group is not given for all diseases. Experts indicated among the anomalies that give the right to lifelong disability: following:

Hypertension and ischemia;

Respiratory failure;

Mental retardation;

Surgical removal of the larynx;

Absence of limbs or parts thereof;

Skeletal anomalies, if congenital;

Persistent severe intestinal and stomach diseases;

Skeletal changes in the form of joint contractures and immobility;

NS disorders associated with loss of vision, hearing, speech, etc. (for example, a blind person);

Ongoing health problems caused by brain and spinal cord injuries;

Tumors (malignant and benign), if relapses and metastases occur;

Diseases of the urinary tract and fecal fistulas, when the resulting conditions are incurable, etc.

How long does it take for disability to become permanent?

The law defines very specific deadlines. Simply put, disabled status is assigned for life no later than:

1) two years from the moment the citizen was first given disability (applies to persons with disabilities of any age);

2) four years from the date of assignment of the group, if there is no positive trend in health (applies to minors);

3) six months, if we are talking about an incapacitated child with a serious illness (chronic or acute leukemia, cancer, etc.).

How is permanent disability determined?

The procedure for obtaining the status in question is standard and involves collecting a package of documents, where do they include:

Original and copy of the applicant's passport;

Application (form 088/у-06);

Referral to ITU;

Characteristics from prof. institution or university in case of completion of training;

A copy of the employment contract certified by a personnel employee and a certificate about the conditions and nature of the work (if the applicant is employed);

All certificates, extracts, doctor’s reports that indicate significant deviations in health (copies of papers are also required).

Important! If the examination is not the first, you will additionally need a rehabilitation program for a disabled person and a previously issued conclusion (copies are sufficient).

ITU decision

In the process of examination, inspection, and clarification of issues of interest, the expert commission draws up a protocol. It sets out the opinions of doctors and the results of assessing the citizen’s condition. Based on this document, an appropriate decision is made. As a result, the disabled person receives a certificate as legal confirmation of his status. Plus, an act is issued containing:

Passport details of the disabled person;

Information about living conditions;

Information about education and work;

Psychological state of the subject;

Degree of restrictions (loss of health).

In addition to the points listed, they may further explain the purpose of permanent disability.

Can the permanent disability group be removed in 2019?

Of course, this is possible. There are various reasons for this. For example, an error was discovered in the commission’s decision or in the documents. Or the disabled person began to feel much better.

According to experts, the reason for canceling permanent disability of groups 3 or 2 may be a revision by the Ministry of Health of the criteria by which these categories were previously assigned. Do not forget that disabled people with lifelong disabilities periodically visit doctors.

Specialists have the right to record positive changes, confirm them and refer the patient for re-examination. By the way, in this case, it is possible for disabled people of group 3 to remain at work (or return) after the status is removed.

Often, false documents are discovered, or inaccuracies with errors during the examination, collection of tests, etc. In any of these situations the group is cancelled.

Important! If a person is deprived of his special status due to the provision of false documents, a case of fraud may be opened against him.

As for group 1, it is rarely removed. The fact is that it is established only for persons with severe functional disabilities, defects (for example, no limbs), etc. However, even this group becomes irrelevant if its owner has submitted fake papers to the ITU. Errors and bias on the part of commission members are also possible.

Important! The law allows a disabled person to initiate the removal of disability on his own, thus ensuring himself the opportunity to find employment without unnecessary difficulties.

How to challenge the unfair cancellation of permanent disability?

You can challenge the decision of the expert commission regarding deprivation of special status by filing a complaint with the ITU bureau where the examination took place. A citizen dissatisfied with the results of the examination has one month to do this. As soon as the request is considered, a new commission will be appointed to assess the health of the person who applied.

Complaint to the Federal Bureau

If the re-examination again does not satisfy the examinee with its results, he has the right to appeal to the federal ITU body with evidence of the illegality of the refusal. That is, it is advisable to provide not only a copy of the decision, the complaint, but also acts, certificates and other papers as confirmation of the need to establish a group.

Important! Representatives of the Federal Commission, after receiving the application, will set a date for the next examination in order to formulate a new result on disability or confirm a previously made decision.

Appeal to judicial authorities

Those who have not achieved the restoration of the group even at the Federal Bureau should turn to the last possible authority - the court. To have a greater chance of success, it is better to hire a lawyer who is knowledgeable in this topic.

In addition to the statement of claim and standard documents, you will have to prepare new ones that prove health restrictions, extracts, etc. Experts recommend an independent examination.

If the court takes the plaintiff’s side, the ITU bureau is required to issue the necessary papers. By the way, a disabled person has the right to demand moral compensation and coverage of expenses incurred during the proceedings.

Important! If the decision is negative, an appeal is filed, but current confirmation of the illegality of the actions of the expert commission to remove the disability will be required.

Independent examination

The law allows you to invite an expert not related to the ITU bureau for examination. During the meeting and making the final decision, he has equal rights with other members of the commission; he can examine the subject, question him, etc.

Let us add that independent medical examination centers have been established in large cities, where they examine the patient, assess body functions, etc. In general, undergoing such an examination will not be superfluous, especially when examining a case in court.

Important! In addition to medical services, such centers often offer the services of lawyers who can advise and protect the interests of a disabled person in court.

People with disabilities... Although gradually, society’s attitude towards them is changing, it is becoming more humane, more civilized. This happens thanks to high international standards, which must be followed by the health authorities, medical and social support of Kazakhstan, and you and me.

It is not enough to simply assign a disability group to a sick person; it is equally important to do everything possible for his recovery, return to a full life in society, and employment.

During the first half of the year, 15,780 people who already had a disability group applied to the medical and social examination departments of the South Kazakhstan region. Of these, 855 citizens, due to complete rehabilitation, that is, improvement in their physical condition, had their disability lifted. With a request to clarify some issues regarding the rehabilitation of disabled people, RABAT turned to Chief specialist of ITU No. 2 of Shymkent Otabek Mominov.

– Otabek Abdupatakhovich, what types of services does the ITU department provide?

– In addition to the examination and determination of a particular disability group, the departments of the ITU (VTEK) of the Department for Control and Social Protection in the South Kazakhstan region develop cards for an individual rehabilitation program (IPR). At the same time, our reference working documents are the Law of the Republic of Kazakhstan “On Social Protection of Disabled Persons” and the Decree of the Government of the Republic of Kazakhstan dated July 20, 2005. No. 754.

– Remind the types of social rehabilitation of disabled people.

- There are several of them.

First: prosthetic and orthopedic devices - prosthetic arms and legs, mammary glands, splints (products for fixing a joint), orthoses (devices for fixing the site of injury), crutches, canes, walkers, corsets, orthopedic shoes, etc.

Second: hearing aids – hearing aids, multifunctional alarm systems, mobile phones with text messaging and reception of transmissions, watches for deaf and hard of hearing persons, etc.

Third: Typhlotechnical means - typhlodes, voice recorders, players for playing sound recordings, watches for people with impaired vision, a device and stylus for writing in Braille.

Fourth: special means of transportation – indoor wheelchairs, walking wheelchairs.

Fifth: hygiene products - diapers, urine bags, colostomy bags.

Sixth: personal assistant service.

Seventh: sign language specialist service.

Eighth: special services.

There is also a sanatorium-resort treatment and a rehabilitation center. All of the above social activities of the IPR card are developed strictly according to indications and depend in specific cases on the disability group, the severity and complications of the disease, the age of the disabled person, and so on.

REFERENCE
IPR is a document that defines the specific volumes, types and timing of rehabilitation of a disabled person. At the same time, disabled people are provided with the necessary means for rehabilitation, which fully and/or partially adapt them to life. In this way, the integration of disabled people into society occurs.

– What is right for some is not right for others?

– Yes, for example, for deaf and deaf-mute disabled people who speak sign language, the social part of the IPR indicates the provision of services of a sign language specialist. But at the same time, a hearing aid is not recommended for them in the IPR card.

– What are the responsibilities of an individual assistant and which disabled people are entitled to it?

– An individual assistant is a social agency employee who accompanies a disabled person from his place of residence to his destination and back. The assistant is required to accompany disabled people of the first group who have difficulty moving (mostly blind people - blindness in both eyes), disabled people of group 1 receiving program hemodialysis, wheelchair users, that is, disabled people leading an active lifestyle, working and studying disabled people of the first group. It is not available for bedridden and severely disabled people. I emphasize once again: an individual assistant is intended only for accompaniment, this employee does not clean the house, does not prepare food, does not clean, does not do laundry, etc. One individual assistant serves 5 disabled people of the first group according to the developed schedule.

– For what specific conditions of disabled people are mobility aids provided in the social part of the IPR card?

– Indoor and walking wheelchairs, they are indicated in specific cases:

• amputation stumps of both lower extremities at the level of both legs or higher levels of amputation;
• severe paralysis and paresis of the upper and lower extremities;
• dysfunction of the joints of the lower extremities of the 4th degree.
• chronic circulatory disorders of the 3rd degree.

By the way, if a disabled person has only one lower limb amputated, then a wheelchair is not required.

– Which disabled people are entitled to diapers?

– Disabled people are provided with diapers for the following indications:

• urinary and fecal incontinence due to mental disorders caused by impaired control over one’s behavior;
• dysfunction of the pelvic organs such as urinary and fecal incontinence due to injuries of the urinary tract and rectum, congenital anomalies of the spinal cord, urinary system and gastrointestinal tract.

– What other hygiene products can you offer?

– In addition to diapers, a certain contingent of disabled people are given urinals and colostomy bags, and the basis for developing an IPR card for a colostomy bag is the presence of an intestinal stoma, and for a urinal bag - a bladder stoma. In a year, a disabled person can receive 480 pieces of diapers and 12 pieces of urinal bag and colostomy bag.

REFERENCE

92,743 disabled people were registered in the South Kazakhstan region as of May 1, 2013. Of these, 247 are disabled people of the Great Patriotic War, 2825 are disabled people equivalent to SWD, 42872 are disabled people of groups 1 and 2, 34541 are disabled people of group 3, 12258 are disabled children.
(Information from the Department of Coordination of Employment and Social Programs of the South Kazakhstan Region).

– The hottest issue is sanatorium-resort treatment. Are all disabled people entitled to it?

- Not everyone. Despite all the apparent attractiveness, there are contraindications. Sanatorium-resort treatment is contraindicated for disabled people, patients with cancer, active tuberculosis, skin and venereal diseases, convulsive seizures, epilepsy, frequent and malignant arterial hypertension, fresh myocardial infarction complicated by circulatory failure 2B, 2B-3, 3 degrees, strokes (severe paresis and paralysis, etc.).

– Are there any contraindications for treatment in a rehabilitation center?

– Rehabilitation center for disabled people (address: Shymkent, corner of G. Ilyaev and Titov streets) accepts disabled people from 14 to 60 years old. Carrying out rehabilitation activities there is contraindicated for disabled people suffering from cancer, active tuberculosis, skin and venereal diseases, convulsive seizures, epilepsy, frequent and malignant arterial hypertension, and recent processes of myocardial infarction.

– The person’s disability group is removed. What is the most common reaction?

– More often – resentment, bewilderment. But disability is not an award that you can hang on your chest and be proud of. The ITU Commission records the state of a person’s health – its deterioration or improvement. When a person gets into a traffic accident, they don’t immediately take him to VTEK or MSE, right? He is taken to the hospital and treated. If the treatment is long-term, a disability group is assigned; if the treatment outcome is favorable, the disability group is reduced - from 1st to 2nd, 3rd, and then removed altogether. That's it, you're relatively healthy! Is it bad? Yes, you will not receive a pension, disability benefits, you will not have tax benefits, but you will be able to earn a full living on your own. What's wrong with that?

– Are there those who do not want to receive a disability group?

- Eat. As a rule, these are employees of large, stable enterprises who value their jobs.

- Thank you for the clarification.

Farida SHARAFUTDINOVA

It is also possible that the ITU of the Main Bureau will agree with the decision of the previous ITU and again decide that you really are not entitled to disability. Naturally, you will not agree with this arrangement of affairs. In this case, you still have the right to prove your right to disability, but to do this you will have to contact the Federal Bureau of Medical and Social Expertise, where a similar application for restoration of disability is submitted. If in this case you are denied, file a statement of claim and go to court. This can be done within 3 years from the date of a negative decision on the restoration of disability. If you prove your right to disability in court, this authority may invalidate the cancellation of the required group, restoring your rights in full.

How to remove disability?

Apply for early re-examination Re-examination of a disabled person whose disability has been established without specifying the period for re-examination, as well as a disabled person earlier than the established period for re-examination, is possible upon his application or at the direction of a medical organization providing treatment and preventive care, in connection with a change in his state of health (clause p. 116, 117 of the Regulations). In addition, re-examination is possible in advance, but no more than two months before the expiration of the established period of disability (clause 115 of the Regulations). Based on the results of the re-examination, your disability group may be removed, but only if there is sufficient evidence indicating an improvement in your health.

Why is disability removed? explanations from a specialist

Recognition of a citizen as a disabled person and the establishment of a disability group for him (for a minor - the category “disabled child”) is carried out during a medical and social examination (MSE) by federal government agencies (hereinafter referred to as the MSE Bureau) (clauses 1, 2, 7 of the Recognition Rules persons with disabilities, approved by Decree of the Government of the Russian Federation of February 20, 2006 N 95). At the same time, the procedure for removing disability on the initiative of a disabled person (at his request) is not provided.

However, if a citizen is interested in removing the disability assigned to him, we offer the following options. 1. Do not undergo the next re-examination As a general rule, disability is established until the 1st day of the month following the month for which the next MSE of a disabled person (re-examination) is scheduled.

Have your disability been lifted? start taking action!

Once the application is submitted, the applicant is given a choice. You can send a letter to the bureau where you were deprived of disability, or you can immediately contact the ITU Main Bureau. If you send an application to the bureau whose examination last time deprived you of disability, you must remember that within 3 days it must be redirected to the Main Bureau.

However, there is one fundamentally important point here: you must submit an application for restoration of disability within a month from the moment of its cancellation. The examination date must be set at the Main Bureau within a month. I repeat once again: if you have significant grounds for restoring your disability group, then you can fully count on it. The Main Bureau, having indisputable evidence in hand, can cancel the ITU decision according to which the disability was cancelled.

Is it possible to remove disability yourself?

Compulsory re-examination is not provided for by law. However, this option is only suitable for those disabled people who have a re-examination deadline. Option 2. Apply for early re-examination (before the established re-examination deadline) If you choose option 2, we recommend that you adhere to the following algorithm.
Step 1. In advance, but no more than two months before the expiration of the established period of disability, contact the ITU authorities with an application (clauses 115, 116 of the Regulations). Keep in mind that re-examination of a person whose disability has been established without specifying the period for re-examination can also be carried out at his request or at the direction of a medical organization providing treatment and preventive care in connection with a change in health status (clause 117 of the Regulations). Step 2. Get re-examined.
How the disability group is determined 1. The classifications used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination determine the main types of dysfunctions of the human body caused by diseases, consequences of injuries or defects, and the degree of their severity; the main categories of human life and the severity of the limitations of these categories. 6. How disability is removed This is not a legal question. The degree of disease is determined based on the results of the MSE (medical and social examination).

It is as a result of such an expert examination that specialists in the field of medicine come to a conclusion about the state of a person’s health and the possibility of assigning him one or another group or transferring/removing a disability group.
Re-examination of disabled people of group I is carried out once every two 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” (clause 12 of the Rules; p. 114 of the Administrative Regulations, approved by Order of the Ministry of Labor of Russia dated January 29, 2014 N 59n). Thus, if you do not apply for re-examination to the ITU bureau within the established time frame, your disability will be removed. Note! In some cases, disability is established without specifying the period for re-examination. In this case, the proposed course of action is not applicable (clause 13 of the Rules). 2.

In what case is the disability group removed?

Since, in simple terms, disability is understood as a complete or partial loss of ability to work, the status of a disabled person is assigned to those who have a serious illness or physiological defect from birth, and may have acquired one in the course of life or work. If you have previously been assigned a disability due to a stroke, then you should know that the group is established by the authorized body - the medical and social examination. Disability must be confirmed every year, for some – once every 2 years, for others it is established for life. It all depends on the nature and degree of complexity of the disease or defect. Your disability could only be lifted if the members of the medical and social examination felt that you were on the mend and your health was not in danger. Naturally, you do not agree with this.

How to remove disability

Attention

Anyone can apply for a disability group. The doctor sends for a medical and social examination to the medical institution at the patient’s place of attachment and, accordingly, it prepares documents for this and carries out all the necessary diagnostic methods. In which case is the disability group removed? A close relative after a mastectomy was observed by oncologists for a year, bone pain began - examinations showed the need for therapy with Zoledronic acid. They were told to wait until the drug was released (for at least 3-4 months) or they were offered to buy it and administer it in the same oncology clinic. They didn’t wait - the pain was severe, so they checked the dosage with the doctors and ordered the drug.

In fact, now in the same clinic (city.
There is no procedure for removing disability at the initiative of a disabled person. Medical and social examination bodies (MSE) do not have the right to simply remove a disability, for example, at the request of a disabled person. But there are still options: Option 1. Do not apply for the next re-examination of disability. Re-examination of disabled people of group I is carried out once every two years, disabled people of groups II and III - once a year, and disabled children - once during the period, for whose child is classified as a “disabled child” (clause
114 of the Administrative Regulations, approved. Order of the Ministry of Labor of Russia dated January 29, 2014 N 59n). There is no need to apply for re-examination to the ITU authorities. In this case, the disability group will not be extended.
Compulsory re-examination is not provided for by law.
Possible reasons why a child’s disability is removed Hello, Ravilya! I don’t know all the circumstances of the case, but perhaps your child is no longer quite a child and has become an adult, that is, has reached the age of 18. In this case, the group is often revised or removed altogether. Why is this happening? To establish the category of “disabled child” under the age of 18, it is enough to have a disability even in just one category – for example, a 1st degree limitation in the ability to move.
At the age of 18 years and older, to establish a disability group, it is no longer enough to limit life activity in only one category - a combination of them is necessary (at least two categories). There is only one exception to this rule - this is a 1st degree limitation in the ability to work - even in isolation it provides grounds for establishing a 3rd group disability.

According to the law, a person is assigned a disability after passing the medical examination. To do this, he must meet the criteria established by the norms.

Among them are loss of health, inability to maintain their previous lifestyle, inability to carry out their work functions, etc. It can be installed for a certain period or indefinitely. The acts determine after how many years a person is given an indefinite disability group.

Initial Concepts

Persistent loss by the human body of the ability to maintain a previous lifestyle due to health conditions, confirmed by the conclusion of a medical and social examination, is called disability.

Depending on the percentage of health loss, the first, second, third disability groups can be assigned. They are established either for a certain period, then periodically the disability group must be confirmed by a medical report of the commission, or for an indefinite period.

Permanent disability can be assigned immediately upon initial diagnosis, or subsequently when the measures taken do not allow a person to restore his health and previous lifestyle.

The grounds for a person to be assigned a lifetime disability group are also established by law.

The legislative framework

The main norms for regulating this issue are reflected in the following legislative acts:

• Law of the Russian Federation No. 181-FZ defines the basic concepts of social protection measures for disability.
• Law No. 46-FZ, which ratified the rights of disabled people in Russia, accepted at the international level.
• Government Decree No. 95, defining the procedure for obtaining disability.
• Order of the Ministry of Labor No. 1024 n, defining the criteria for disability, as well as the grounds for assigning permanent disability.

Resolution No. 339 amended Government Resolution No. 95 in 2018, defining new rules and a list of diseases that give the right to permanent disability.

For what diseases is lifelong disability assigned?

For certain types of diseases, a disabled person receives an indefinite group without the need for periodic confirmation.

These include:

• Benign and malignant tumors with metastases and relapses.
• Mental retardation.
• Nervous system disorders associated with loss of speech and other functions (blindness, deafness).
• Severe degree of chronic diseases of the human stomach and intestines.
• When the larynx is surgically removed.
• Ischemia.
• Hypertension.
• Respiratory failure.
• Fecal fistulas and urinary tract diseases with irreparable disorders.
• Skeletal changes characterized by joint immobility or contracture.
• Congenital skeletal anomalies.
• Persistent impairment resulting from spinal cord and brain injuries.
• Absence of parts of the upper or lower extremities (legs, feet, etc.)

How long does it take for disability to become permanent?

It is legally established after how many years a permanent disability group is granted:

• No later than 2 years from the date of initial determination of a person’s disability. Applies to citizens of all ages.
• No later than 4 years from the date of establishment of a certain group, if there is no improvement in the person’s condition. Applies to persons under the age of majority.
• No later than six months in relation to an incapacitated child, which is assigned to the child if he has serious diseases (malignant tumors, acute or chronic leukemia, other diseases)

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How is permanent disability determined?

Registration of permanent disability requires compliance with the standard procedure for obtaining ordinary disability.

Required package of documents

To register a disability, the candidate or his representative must collect the following documents:

1. Original and copy of the identity card of the individual claiming disability;
2. An application in the specially established form 088/u-06, to which all necessary documents must be attached.
3. A referral issued by a doctor to an individual for an ITU examination;
4. A copy of the work book certified by a personnel employee (if available);
5. If an individual is an employee in an employment relationship, he must provide a certificate about the nature and conditions of work at the enterprise.
6. If an individual is a student of a university or other professional institution, a reference from the place of study is submitted;
7. All available medical reports, as well as copies thereof, indicating a violation of human health;
8. SNILS certificate;
9. When going through the examination procedure again, a copy of the previous conclusion and rehabilitation program is also submitted.

ITU decision

During the examination of a citizen, members of the commission draw up a protocol indicating the results of the examination and the opinion of specialists. Based on the data entered into it, a decision is made to assign disability.

Based on the results of the commission’s work, the citizen is issued a certificate of disability and an act that confirms the assignment of the group.

The following information is indicated there:

• Information about the identity document;
• Information about education;
• Information about the conditions in which a disabled person lives;
• Information about his psychological state;
• The degree of health loss of the disabled person;
• Information about work activity;
• Other information that explains the determination of disability.

Under what conditions can a group be cancelled?

So, can the permanent disability group be removed in 2019? Yes, this is possible due to the improvement of the disabled person’s condition. Either errors were detected in documents or a decision was made.

Also, a citizen can initiate the removal of disability himself so that he has the opportunity to get a job without any problems.

3 group

Several factors can serve to cancel permanent disability of the 3rd degree. First of all, the Ministry of Health itself periodically reviews the criteria by which a citizen can have group 3.

The disabled person still periodically visits doctors, and his current condition is monitored by them, even when an indefinite group is assigned.

And if signs of improvement in health are found, and it is confirmed that the pensioner has the ability to continue working, the group may be removed.

In addition, very often disability is removed for the following reasons:

1. Falsified documents were found in the disabled person's file;
2. When conducting analyzes and surveys on the basis of which the decision was made, errors or inaccuracies were made.
3. By decision of a higher commission, if the group assignment is found to be unfounded.

2nd group

Most often, the reasons for removing disability of group 2 are similar to those that arise for group 3. Thus, the most common reason is the detection of counterfeit documents by the ITU bureau.

Important! If a group is removed precisely for this reason, then a case of fraud may also be opened against the citizen.

1 group

This group is removed quite rarely, since the 1st group is issued to citizens with severe impairments in the functioning of the body, absence of limbs, etc.