Every year the number of people unable to lead a full life increases. Disorders of the body’s functionality due to diseases, traumatization or birth defects that caused a limitation of life, the need for social protection - all this gives a person the status of “disabled person”. Confirmation of the patient's condition is carried out by the medical and social expert commission (MSEC). Disability documents, the consideration of which is carried out by representatives of the commission, certify the person’s right to apply for disability.
What is disability
A condition in which a person is not able to fully carry out mental, mental or physical activity is called disability. This term is used not only in the medical field, but also in the legal one, because the patient’s disability is determined by special authorities in accordance with the law.
The determination of the human condition is carried out by the medical and social expert commission. A procedure called disability is based on evaluating the following criteria:
- type of dysfunction in the human body;
- the severity of the violation;
- human life class;
- degree of restriction of the class of life;
- criteria for determining disability and disability groups.
The list of diseases that give the right to apply to MSEC
The mere opinion of the patient that he needs a disability is not enough. There is a certain list of pathological conditions, on the basis of which the commission determines the status of the patient. Generalized groups of persistent changes in the functionality of the body include:
- psychosomatic functions;
- speech and language functions;
- the functionality of the senses;
- motor functions;
- metabolic state;
- internal secretion;
- hemopoiesis and cardiovascular function;
- the work of the respiratory, digestive and excretory systems;
- the state of the immune system;
- birth defects (if any).
These violations are manifested to a greater or lesser extent. Fluctuations in indicators of changes in functionality range from minor to pronounced.
Life classes
Obtaining disability requires an assessment of human life and the severity of changes, given the biological age of the patient. When disability is given, the following indicators are determined:
- Assessment of self-care ability includes determining how much time a person spends daily on daily household chores without resorting to outside help. It can range from partial use of aids to complete dependence on outside help.
- An analysis of the ability to move independently takes into account the partial need for additional technical facilities or complete dependence on unauthorized persons.
- Indicators of the ability to navigate in space, terrain, own thoughts range from independence to absolute inability to such orientation and the need for help from third parties.
- Assessment of the ability to communicate is based on determining the need to use technical means or non-verbal factors of language speech.
- The ability to control behavior ranges from partial self-correction of behavioral reactions to the absolute impossibility of independently responsible for this.
- Analysis of the ability to learn includes the possibility of visiting general educational or specialized educational institutions, as well as the lack of the possibility of independent learning.
- Assessment of the ability to work is based on determining the conditions necessary for the labor process of a particular patient, the intensity of the loads, the volume of tasks performed. In the opposite case, the inability to work independently is confirmed.
Disability groups
In the case when they give the status of a disabled person to a minor patient, his category is called "disabled child". Persons over 18 years old are divided into 3 main groups. The first group of disabilities is given to a person in the following cases:
- there is a pronounced violation of the functions of the body of a persistent nature;
- the presence of criteria for absolute inability for one or more classes of life;
- the patient needs social care and rehabilitation.
The second group is assigned to individuals who meet the following criteria:
- there is a pronounced violation of the functions of the body of a persistent nature;
- the presence of intermediate criteria of disability for one or more classes of life;
- a person needs social protection and recovery from illness.
The third group of disability is based on the following indicators, which are taken into account by the medical and social expert commission:
- moderate impairment of body functions is observed;
- the presence of initial criteria for disability in one class of life;
- social protection and rehabilitation required.
Disability appointment period
Persons who have received 1 disability group must submit documents for disability to MSEC the next time after 2 years. Representatives of other groups review status annually. "Disabled child" is issued for 1, 2 years or until reaching adulthood.
After the expiration of the term, it is necessary to undergo an examination at the ITU in order to confirm or refute the state of health. Confirmation of the group can leave the patient in the same category, and can determine the need for his transfer to another.
Perpetual disability
A lifelong (perpetual) disability can be established on the basis of the presence of malignant or benign tumor processes, incurable diseases of the nervous system, mental pathologies, irreversible changes in the brain, progressive systemic diseases, limb defects, deafness and blindness.
The following groups of people have the right to apply for perpetual disability:
- men over 60 years old and women after 55 years old (regardless of group);
- men who must undergo the next review after the age of 60 (regardless of group);
- women who are 55 years old until the next renewal (regardless of group);
- military personnel who have received injuries, injuries and defects during the period of service (regardless of group).
Documentation
In the case of the first determination of incapacity for work, the patient asks the question: "What documents should be submitted to MSEC for disability?" Let's consider this question in more detail.
The medical institution, the pension authority or the social welfare department issue a referral to the commission. The hospital and clinic fill out such a document only after diagnosis of the disease, treatment and rehabilitation. Directions issued by other bodies must be confirmed by the relevant instructions of the medical institution.
The refusal to give a person a referral to MSEC should be documented so that the patient can independently contact the bureau.
The list of documents that are mandatory for determining the ability to work of a particular person:
- copy of passport or birth certificate (depending on age);
- in the case of a representative's request, a document confirming his face;
- a statement with the specified purpose of the examination;
- referral to MSEC issued by a health facility or other authority;
- medical record;
- copy of the work book ;
- documents on education;
- production or pedagogical characteristics;
- upon repeated appeal disability certificate;
- individual rehabilitation card;
- other documents upon request.
A copy of the passport must be confirmed by the original document. A copy of the work book should be certified in the personnel department, where the patient works. The medical record should include extracts about inpatient treatment, the results of examinations, analyzes, and radiological images. Previous examinations of specialists must be officially certified by seals and signatures. In the presence of pathologies from the musculoskeletal system, a description of the x-ray taken immediately before contacting MSEC is mandatory.
More precisely, the medical registrar of a particular bureau will answer the question of which documents to apply to MSEC for disability.
The progress of the examination
The commission’s specialists conduct a comprehensive examination of the person who applied for disability, analyzing his psychological, somatic, social and professional status. In some cases, additional examinations are carried out right during the examination. The patient may refuse these measures, which is recorded in the documentation. In this case, the decision is made on the basis of the facts.
The examination is carried out in a bureau located locally at the place of residence or residence of the applicant. If it is impossible for a person to come to the commission, it is possible to conduct it at home, in a hospital or in the absence of a patient (only according to available documents).
The identification of a disability group is confirmed by a relevant certificate issued by a commission with signatures and seals. An individual rehabilitation card is also filled out, which indicates the following data:
- period of disability;
- passport data;
- intensity and volume of the recommended labor regime;
- terms of the necessary appeal to the hospital for the rehabilitation period;
- specialist consultations until the next re-examination.
Composition of MSEC
The general commission includes a general practitioner, surgeon, neuropathologist, a representative of the social protection agency, a representative of the trade union, and a registrar.
The commission, which has a narrow focus, consists of two specialists in the profile for which specialization occurs, a doctor of related specialization, representatives of social protection and the trade union and the registrar.
The following areas of narrow-profile commissions are distinguished:
- psychiatry;
- phthisiology;
- ophthalmology;
- cardiac rheumatology;
- oncology;
- traumatology;
- occupational pathology.
Disability Denial
If a citizen has not been declared incapable of work, he will be given a certificate fixing this decision. With this document, the applicant can contact a higher bureau to review his question.
For appeal, all the same documents are submitted, adding to them a denial of disability and a personal statement. This must be done within a month after receiving the first decision of the commission. The issue is considered and a decision is made no later than 30 days from the date of the application for appeal.
Conclusion
The decision of the commission is binding and requires the fulfillment of obligations of public services to the applicant. It may be appealed in court on the basis of instructions established by law.