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Unfortunately, sometimes it happens that a baby is born with congenital health problems. In such situations, registration of disability for the child is required. But even if there are compelling reasons and clear rights to something in Russia, it is sometimes extremely difficult to formalize any legal authority. Because there are a lot of bureaucratic delays.
First, a medical certificate confirming the presence of a serious illness is required. This diagnosis must be made by a medical specialist. After which the pediatrician at the clinic at the place of residence refers to the medical examination (). This can also be done by a specialist who has identified the disease.
If for some reason a pediatrician or specialist does not give such a referral, you should ask for it. If the pediatrician or other doctor refuses this, you can contact the head physician (head) in writing with a request to oblige the pediatrician or other doctor to issue such a referral. A similar referral can also be obtained from the territorial social protection authorities.
Important! A child’s disability can be registered if there is mental disorders. In this case, a referral to medical examination can be issued by a mental health clinic or a psychiatrist.
After receiving the required document and even in its absence, you should submit an application for passing the ITU to the examination bureau. The address of such an institution can be found at the clinic or at the social security agency.
Advice! Even if there is no referral, you can initiate the procedure yourself medical and social examination.
During this procedure, you will receive a comprehensive medical examination. You will be given a list of doctors to avoid. As well as tests and additional examinations that need to be completed.
Most often, the medical commission includes the following specialists:
If children have other diseases in addition to the main illness, they may be sent for additional consultation to other highly specialized doctors (for example, a cardiologist, immunologist, geneticist, gastroenterologist, allergist, etc.).
Attention! In addition to a medical examination, children should definitely take a general tests, and, if necessary, undergo other studies.
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After passing the medical examination and receiving the conclusions of all the list of specialists and test results, you should contact pediatrician your site.
The pediatrician must draw up an epicrisis:
If the registration of a child’s disability is not related to general therapeutic diseases, and with nervous ones, mental disorders, intellectual disabilities - expert opinions and results laboratory research are provided not to the local pediatrician, but to a psychiatrist from a mental hospital.
With the package received medical documentation parents and their child must appear at the ITU meeting on the appointed date. If he cannot move independently and therefore is not able to come for an examination, it will take place at home or in a hospital ward.
To do this, one of the parents should contact the medical institution where the child is being treated for the appropriate certificate. Based on the results of the MSE, a definite answer will be given - whether the child is disabled or not.
In addition, they are also required to issue:
ITU is also developing individual program treatment and rehabilitation of a disabled child, and all other necessary acts on the child’s disability. Since April 2018, the IRP for disabled children has been adjusted without changing the social status child and the need to re-apply to ITU institutions
If the answer is positive, then you must return to the clinic with the received expert opinion, certificates, and extracts. There the baby should:
The legislation assumes that a person (regardless of age) can be cured of his existing chronic illness. The exception is only for some categories of disability group 1, where a person is recognized as disabled for life.
In other cases, an annual ITU is required, the results of which will be:
The repeated procedure is exactly the same as the initial one. After which the disability certificate is updated. Confirmation of disability is also sent to the clinic to continue receiving free medications.
Attention! In April 2018, the procedure was significantly changed passing the ITU. In particular, the procedure for obtaining permanent disability, including in children. Now it can be established during the initial medical examination. Moreover, even carried out in by correspondence. In addition, the list of diseases for which disability can be assigned indefinitely has expanded.
After all the necessary formalities have been completed, you need to transfer information about disability to the Pension Fund, Social Insurance Fund and social security authorities. A child with a disability is entitled to a pension. The pension of disabled children in 2017 was 11,903.51 rubles.
Disabled people from childhood are paid:
Pension payments are established by Art. 18 Federal Law-166 of December 15, 2001 “On state pension provision in the Russian Federation.” They are indexed at least once a year (starting from April 1).
For disabled children and people with disabilities since childhood, the law also provides a special set of social services in kind. Includes three key directions and can be paid in a fixed monetary option.
Important! The recipient of a set of social services or his legal representatives may refuse to provide social services in kind in full or in parts, receiving in return material compensation as part of the EDV.
You can change the procedure for providing a set of services only from January 1 of each subsequent year, provided that the corresponding application to the Pension Fund is completed before October 1 of this year.
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In 2018, the list of diseases for which permanent or temporary disability can be established was expanded. a long period(from 5 years old). In particular, the following diseases can lead to permanent disability:
Disability is now established for 5 years not only for children with leukemia and malignant neoplasms, but also for other diseases, including developmental defects maxillofacial area, scoliosis, autism.
At the 1st medical examination of children with thrombocytopenia, diabetes mellitus disability is assigned until the child turns 14 years old.
There is a list of diseases for which MSE is carried out in absentia:
Our expert - medical lawyer Zoya Gromushkina.
A conclusion recognizing a person as disabled is issued by branches of the Federal State Institution “Main Bureau of Medical and Social Expertise” (ITU Bureau).
Various branches of the bureau conduct different types examinations:
Each branch of the bureau is assigned to clinics and hospitals in administrative districts, which refer patients for disability or re-examination.
A referral for a medical and social examination can be obtained:
To get a referral, you need to write an application to the chief doctor of the clinic or hospital in order to medical institution sent your medical documents and a statement that you want to undergo an examination to the ITU Bureau (a sample application can be found on the website of the ITU Main Bureau). After this, your doctor will refer you for an examination to gather information confirming that you need a disability.
The pension fund or the social protection body has the right to issue a referral for a medical and social examination only if you have medical documents confirming health problems.
If the attending physician or chief physician clinic believes that you do not have medical indications to obtain a disability, and refuses to issue a referral to ITU, ask for a certificate of refusal. You have the right to contact the ITU Bureau with this certificate yourself.
In this case, the examination program will be drawn up for you by the office’s specialists. It is possible that some of the examinations will be carried out in a hospital.
When contacting the ITU Bureau you will need:
ITU specialists have no right to demand any other documents (reference letter from the place of work, a copy of the work book, a certificate of income).
Once the application has been registered with the ITU Bureau, you will be invited for an examination. In this case, the waiting period for examination cannot be more than 30 days from the date of registration of the application.
If you are assigned a disability group, specialists from the ITU Bureau will issue you a certificate confirming this. The certificate is signed by the head of the bureau, certified by a seal and can be handed out or sent by registered mail.
In addition to the certificate, upon application of a disabled person, an individual rehabilitation program (IRP) is issued. This document should contain a list of the rehabilitation measures you need. Based on the IPR, you can get free technical means(prosthetics, stroller), medications, medical products, health resort vouchers and other means of rehabilitation provided for in the Federal List.
If the ITU Bureau refuses to formalize a disability or you do not agree with the assigned group, you have the right to file a complaint with the ITU Main Bureau within 30 days after the medical and social examination. By law, a complaint must be registered no later than the next day after filing and considered within 15 working days from the date of its registration. If the Main Bureau left the decision unchanged, you can file a complaint with the Federal Bureau of ITU.
And the most recent way to restore your right to receive disability is to go to a court of general jurisdiction.
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”.
Re-examination of a disabled person earlier deadline carried out upon his personal application or direction medical organization due to changes in health status.
The procedure for undergoing re-examination is the same as for the initial application to the ITU Bureau. Within 30 days from the date of registration of the application, the patient must be re-examined.
I disability group. Assigned if a person faces significant limitations in his life: he loses the ability to self-care and becomes completely dependent on others. People with such disorders are unable to work; they rarely perform individual species work at some enterprises.
Group II. Patients do not need constant care, but often they need special adaptations to live. Although the second disability group is considered non-working, patients can work if this does not lead to deterioration in health. At the same time, disabled people of the second group are entitled to a shortened working day, reduced production standards, and additional breaks at work.
III group. Given to patients with resistant but not critical violation health. The third group is considered to be workers, but disabled people are entitled to favorable working conditions. For example, they cannot be sent to work in night shift without their consent.
Sometimes fate presents not very good surprises, as a result of which a person may become partially or completely disabled. Sometimes your health can fail so much that you have to register for a disability group.
Hospital
The consequence of an injury, amputation of limbs or a serious illness - all this is a legitimate reason for registration with a disability group. If in this case everything, as they say, is obvious, then confirm the degree serious illness Only a specialist can. To do this, you need to contact your attending physician, who must record all your requests for help. Let's say you for a long time were treated in hospital or at home, but there was no improvement. For example, an otolaryngologist has repeatedly recorded your complaints about poor hearing, and even after the treatment, there was no improvement. In this case, this is already a pathology and is a reason for registration with a disability group.
A representative of the medical commission or the attending physician will issue a referral for medical examination.
MSEC (Medical and Social Expert Commission)
According to the law of the Russian Federation “On the procedure and conditions for recognizing a person as disabled,” a person who needs to be assigned to a disability group is required to undergo the MSEC. This procedure takes place at the place of residence or, if a person is unable to come to the hospital to undergo MSEC, experts must go to his home. After studying all the documents provided and voting, doctors will make a positive decision and assign a disability group.
1 group
This group is given to people who have lost full working capacity. Most of them are unable to care for themselves and move around or are unable to control their actions and behavior. In some cases, such people require constant care.
2nd group
Given to people with significant health problems. They do not require constant help and care. But also work on an equal basis with healthy people They can not. For example, a wheelchair user needs a specially equipped place to work. As a rule, and unfortunately, such people cannot visit educational establishments not suitable for them.
3 group
It is given to people who, due to certain health problems, cannot work as before. Health problems such as decreased vision or deafness do not allow them to work in their previous qualifications. Also, the third group is given to people for epidemiological reasons (for example, pulmonary tuberculosis).
Many who have received a disability group must appear for re-examination once a year or every two years. In case of a sharp improvement in health, the commission may remove the group. If the disease is severe, then the group can be lifelong and does not require re-examination.
After assigning a group and receiving a certificate confirming disability, the person will receive a disability insurance pension. To do this, you must bring to the pension fund:
Statement
Identity document (passport)
SNILS
Work book or other document confirming work experience (if any)
Help from MSEC
Make a photocopy of all the listed documents on both sides, but when applying to the Pension Fund you need to have both the original and copies with you.
Childhood disability
Assigning a disability to a child is the same as for an adult. A referral from the attending physician with all records is required. outpatient card, up to the direction to spa treatment. After the examination, the commission will assign a disability group and give the child an IPR.
To apply for an insurance pension, in addition to the above documents, you will also need other documents, which you should find out about at the Pension Fund of your region.
Social and labor pension
If people of disability group 1 are not able to provide for themselves financially, then people of groups 2-3, although they have limitations, are able to improve their financial condition. The social pension is paid to everyone without exception, the only difference is its size.
The labor pension is paid from the date of receipt of the disability group and achievement retirement age or early retirement (55 for women, 60 for men). If the official length of service is 5 or more years, then you can go on an old-age pension. Without losing any benefits or disability pension. Children with disabilities who have reached 20 years of age is accrued cash payment regardless length of service.
Registration of disability for a pensioner is not just an opportunity to receive an additional payment to the basic pension, but also the opportunity to receive free or discounted medications for treatment, necessary devices - hearing aids, canes or walkers, wheelchairs and many other things that are impossible to live without in case of a particular illness.
Be sure to follow in case of loss of ability to work and presence serious illnesses that require taking expensive medications.
Pensioners who were previously employees of the Ministry of Internal Affairs or military personnel, and who retired no more than a year before the date of registration, have the right to go to the hospital of the Ministry of Internal Affairs to receive a referral and undergo all tests.
The attending physician examines the patient and issues a referral for examination by other specialists and tests. The main doctors you will need to visit are an ophthalmologist, a neurologist, an ENT specialist, a surgeon, and an orthopedist. Full list depends on the disease and is announced by the attending physician.
Tests are also prescribed by a specialist. The main ones include general blood and urine tests. An ECG and EEG, stool analysis, and biochemical analysis blood, x-ray, ultrasound. It is worth remembering that some tests are valid for 10 days, so they should be done last.
When visiting doctors, ask them to immediately indicate what rehabilitation means you need. In the future, after registration of disability, this will be provided to you as part of the IPR.
After being examined by doctors, you must return with all the papers to the doctor who gave the referral. He will fill out the medical history and issue a referral to the medical examiner, with which you need to contact the head doctor of the clinic to sign the papers. After all signatures and seals have been received, you must contact the ITU at your place of residence.
You must appear at the commission on the appointed day. It is important not to be late, otherwise your application will be delayed. You should have replaceable shoes or shoe covers and a disposable diaper with you.
The commission must be attended by four medical specialists. They carefully study the medical history, the conclusions of clinic specialists, test results, and examine the patient. Based on the results of the examination, a decision is made on the assignment of disability by majority vote.
The period during which the disability is valid will also be stated, and the need for re-examination will be indicated.
When submitting an application for medical examination, it is important to indicate that the patient cannot appear for examination at the bureau. In this case, the commission goes to the patient’s home and holds a meeting there.
Typically, registration of disability in such a situation is carried out by confidant the patient’s wife or son, daughter, any other close relative.
To apply for a pension and benefits, you must provide the following documents to the Pension Fund:
Please note that if you have no restrictions on labor activity due to health reasons, you have every right to work. At the same time, neither the basic pension nor the disability pension is canceled, and the amounts of payments remain the same.
To apply for a pension, you must go through the standard procedure for registering disability, then contact the pension authority of the Ministry of Defense. The main documents provided are:
If you do not agree with the commission’s decision a second time, you have the right to file a lawsuit to establish disability. But please note that if the decision is negative, it will no longer be possible to appeal.
After this period, the citizen is required to appear for re-examination to confirm his group. In some cases, the group may be changed up or down, or even removed altogether.
The procedure is the same as the first time - receiving a referral from the attending physician, taking tests, registering with the ITU and passing the commission. The list of documents is the same as for the initial statement, but for examination you must additionally provide: