Different disability groups are assigned to citizens based on certain health problems. Moreover, in the legislation there is such a thing as perpetual disability. It is appointed only after the citizen passes the appropriate medical commission issuing an opinion on the assignment of a specific group. Disability should be regularly confirmed, for which citizens have to go through a special commission annually. Perpetual disability does not require examinations. This often raises the question of whether they can remove an indefinite disability group. It is necessary to understand exactly when it is appointed, as well as what features it has.
The main nuances
Only three disability groups can be issued in Russia. Each of them has its own peculiarities, therefore, a hearing impairment is assigned for various serious diseases or based on problems with the musculoskeletal system. Each group has its own characteristics.
Disability group | Her features |
1 group | This includes citizens who cannot take care of themselves, so they need constant care. They cannot move or they have psychic abnormalities. They are completely dependent on other citizens, so they are assigned significant benefits and support from the state. |
2 group | It includes citizens who can take care of themselves on their own, but for this they need special devices, for example, a hearing aid, a wheelchair or other devices. They usually undergo special training, allowing them to take care of themselves and live independently. |
3 group | It is made out by citizens who have the opportunity not only to take care of themselves, but even to officially work. For them, the employer provides simplified working conditions, as well as part-time work. They can easily cope with their limitations and health problems. |
For each group, different types of benefits and concessions from the state are offered. Moreover, all citizens should regularly undergo a re-examination. Only in rare cases is this not required when an indefinite group is appointed. But at the same time, the question arises of citizens whether they can remove an indefinite disability group. This process depends on many factors, but under certain circumstances, citizens may lose their status.
Who can apply for disability?
Only a person with certain health disorders that prevent him from living fully can become a disabled person. Under such conditions, a person cannot cope with different labor duties in a standard way. In complex cases, a lifelong disability is assigned at all, so it cannot be canceled for various reasons.
Disability on an indefinite basis can be issued only for people with truly complex health problems. These difficulties must be proved by official documents submitted by medical certificates. To apply for such a disability can citizens with diseases such as:
- malignant tumors of any form;
- a benign tumor located in the spinal cord or brain, and doctors should establish the fact that it is impossible to treat this disease;
- dementia, which may be congenital or acquired as a result of trauma or other effects on the human body;
- complete blindness;
- larynx removal;
- progressive diseases of the nervous system;
- inherited neuromuscular diseases;
- hearing disability is prescribed in its complete absence;
- complex diseases of the brain or respiratory system;
- heart ischemia;
- diseases related to blood pressure;
- complete damage to the spinal cord or brain;
- violation or deformation of the upper or lower extremities.
Amputation of limbs is also included in this list, so people can count on disability without a specific validity period. The above list of diseases for perpetual disability is not exhaustive, and it is regularly updated with new diseases.
Legislative regulation
The procedure for registration of perpetual disability is regulated by the provisions of the Federal Law No. 805. It lists the periods during which disability is established, and also indicates the basis for this process.
All classifications of diseases, on the basis of which any disability group is assigned, are listed in the order of the Ministry of Labor of the Russian Federation No. 664n.
The new disability law indicates that the possibility of establishing a group for an unlimited period depends on various factors. These include:
- can a person take care of himself on his own;
- is there an opportunity for employment and movement;
- can a citizen communicate with other people;
- what is his mental state;
- can he learn.
Law No. 181 states that people who cannot work and take care of themselves can count on perpetual disability from childhood or after a serious illness is detected. Based on the Federal Law No. 178, such citizens can count on social assistance from the state. It is represented by various benefits and exemptions, the provision of free devices for adaptation, or the appointment of social workers for care.
When can I count on perpetual disability?
When you first receive a disability, it is rarely established indefinitely. How to get perpetual disability? To do this, doctors establish that there are no improvements as a result of treatment, so it is impossible to count on recovery.
The medical institution where the person underwent the treatment must form a supporting certificate. It indicates that there is no opportunity for positive dynamics to restore the health of a citizen.
How many years is appointed?
Based on the Federal Law No. 805, disability without a period of re-examination can be assigned at different time intervals:
- After any disability group has been registered, no more than two years should pass. This requirement applies to children and adults. Children with various serious illnesses have the status of a disabled child. For them, lifelong disability can be established even before reaching adulthood.
- After diagnosis, no more than four years should pass. Such conditions apply exclusively to children with disabilities. They are applied if during the recovery there were no improvements, and the restrictions for self-care did not decrease.
- After the appointment of a disability group, no more than 6 years should pass. These requirements apply to children who have a malignant tumor with complications. Additionally, minors with leukemia of varying degrees are included here.
Thus, the timing of establishing perpetual disability depends on the state of health of the citizen.
What conditions must be observed?
The rules for establishing perpetual disability depend on various factors. Therefore, disability without re-examination is prescribed under the conditions:
- a disabled person reaches a certain age, moreover, men can engage in registration at 60 years old, and women at 55 years old;
- the next examination in a medical institution is scheduled after a disabled man is 60 years old or a woman is 55 years old;
- a citizen has a first or second group for 15 years, and no changes in health are observed;
- the disability group rises in 15 years;
- the first or second group is drawn up for a WWII veteran;
- the applicant is a citizen who was seriously injured while participating in hostilities.
Extension of the above list is allowed, therefore, each situation is considered separately by the commission.
Rules for registration
The new law on disability points to the rules for registering the unlimited status of a disabled person in a particular group. To establish a group without further re-examination, a standard procedure is performed. Therefore, the following actions are implemented:
- initially, a citizen with certain disabilities is required to undergo a medical examination;
- they prepare all the necessary documents for receiving the group;
- then we need to wait for the decision of ITU.
To undergo a physical examination, you need to spend a lot of time. To do this, you first need to get a referral from the attending physician, after which the citizen will have to go through several specialists who confirm that the person has serious health problems.
ITU's decision is made within 30 days. After that, you will have to meet with representatives of this organization, who make the final decision. During this meeting, the patient is visually examined, and methods that can be used to treat him are analyzed. It is estimated by experts whether there is an opportunity to restore the health of a citizen. If there is no sense in further treatment, then a decision is made to assign the group without having to undergo a re-examination in the future.
Which disability group is perpetual? It may be the first, second or third, but at the same time the patient should not have the opportunity to restore good health.
What documents are required?
Making disability involves the preparation of certain documents by the applicant. It includes paper:
- application for an indefinite disability group;
- a certificate indicating the passage of treatment, after which the state of health of the citizen remained unchanged, therefore, for a long time there are no improvements;
- direct referral to ITU received from the attending physician.
If the group is established not indefinitely, then a re-examination is required. For this, a disabled person will have to undergo doctors and take tests to confirm his poor health. The procedure is implemented two or three times a year. Even if disability was registered after leg amputation, you still have to undergo a re-examination. Therefore, many citizens wish to issue it indefinitely.
Is it allowed to take off?
Subject to numerous requirements, a disability may be issued without having to undergo periodic re-examination. Moreover, citizens often have the question of whether they can remove an indefinite disability group.
This process can be performed if there is a positive trend in the process of a person's recovery. Although it is not required to undergo a re-examination, anyway, the patient needs to be periodically monitored by a doctor who monitors the dynamics of the disease.
Can they remove an indefinite disability group for other reasons? There are other reasons to deprive a citizen of such a status. These include:
- evidence is emerging that the documents submitted to ITU contain inaccurate information;
- test results are inaccurate;
- the terms were violated for patients during which it is required to undergo examinations or submit documents, moreover, the citizen has no good reason for this.
The medical bureau carefully monitors that the norms and requirements necessary to establish any group of disabilities are correctly implemented.
What benefits are offered to citizens?
After registration of any disability group, patients can count on different types of assistance from the state.
At registration of the first group the following possibilities are offered:
- dentures are made free of charge, if there is a recommendation from the attending physician, and funds are allocated by social protection authorities;
- vouchers for treatment in sanatoriums or resorts are provided;
- public transport is free of charge or discounts are provided for disabled people;
- a discount is given for payment of housing and communal services;
- if a citizen refuses a set of social services, then a surcharge is assigned to him.
For disabled people of other groups, other types of benefits and concessions may be assigned. They can be offered even at the regional level.
Conclusion
An indefinite disability group is assigned to citizens who, even after prolonged treatment, do not have a positive trend. But even such a status can be withdrawn due to identified violations or improving the health status of a citizen.
Each person planning to register such a disability must figure out what actions are being taken for this and what documents need to be prepared.