New disability law. What diseases guarantee the receipt of the second group of disability Disabled person of the 2nd group of a general disease

This article contains detailed answers to the following questions: what diseases give disability, what disability groups are, and is it possible to get a group only if there is a certain disease, without any physical, mental or mental disorders.

Legal documents regulating the status of a disabled person in the Russian Federation

The legal status of a person recognized as disabled is determined primarily by Federal Law No. 181-FZ of November 24, 1995 (as amended by No. 38 of July 21, 2014) “On the Social Protection of Disabled Persons in the Russian Federation”.

This law contains a list of basic social guarantees for disabled people, as well as a list of disabling disorders of the body that make up specific diseases for disability.

According to this law, a disabled person is a person who has persistent impairment of body functions caused by injury, birth defects or illness, which to a certain extent limit his life and ability to self-service. This category of citizens needs social assistance and protection of their rights more than others.

The status of a disabled person makes it possible to receive various kinds of benefits and material subsidies established by the current legislation.

A person is assigned the status of a disabled person based on the conclusion of the ITU.

Causes of disability

Disability due to a general disease, i.e. received as a result of any disease.

From birth or received in childhood, including during the Second World War.

Received as a result of an injury or injury associated with the performance of official duties, including during military service.

Obtained as a result of the accident at the Chernobyl nuclear power plant, exposure to radiation.

For other reasons.

Grounds for determining disability

There is no specific indication in the legislation for which diseases give disability. There are certain criteria according to which a certain group of disability is established by a special body. Each group is characterized by a list of disability and the degree of need for a person in the help of third parties.

The main document containing this list is Order No. 664n dated September 29, 2014. In accordance with the specified Order, when determining a disability group, the degree of restriction of categories of life activity is assessed on a scale from one to three:

Grade 1: Any action requires a longer execution time and long rest breaks. The help of third parties is usually not required.

Grade 2: The performance of a certain action requires partial assistance from third parties.

Grade 3: performing a certain action is impossible without outside help. Requires regular care.

It also establishes the degree of violation of the basic functions of the body, which does not allow to fully perform the following actions:

Self-service.

Independent movement.

Orientation in space.

Communication.

Control your behavior and give it an adequate assessment.

Training and participation in work activities.

There are 4 degrees of violations that characterize the possibility of implementing the above actions:

1 st. - minor violations;

2 tbsp. - moderate violations;

3 art. - expressed;

4 tbsp. - pronounced.

1 disability group, list of diseases

It is characterized by persistent violations of the functions of the body of the IV degree and limitations of life activity of the 3rd degree. Group 1 is established for a period of 1 year with subsequent re-examination.

Among the diseases for which it is possible to establish the first group of disability are diseases accompanied by loss of hearing, vision, severe forms of cancer with numerous metastases to various organs and frequent relapses, diseases that cause or are accompanied by irreversible damage to internal organs, complete or partial absence of limbs , diseases of the blood and hematopoietic system, some types of disorders of the nervous system, accompanied by paralysis and other restrictions on motor functions, other diseases.

2 disability group

This group is assigned if a person has stable functional disorders of the body of the 3rd degree (pronounced disorders) and disability of the 3rd degree. The term for which it is established is one year.

Among the diseases for which it is possible to obtain the second group of disability are disorders of the digestive system and the gastrointestinal tract, pancreas, certain types of diseases of the central nervous system and PNS, hearing and vision disorders, liver, kidney and heart dysfunctions.

3rd disability group. List of diseases

The easiest of all disability groups is the third. It is characterized by functional disorders of the body of the 1st and 2nd degree and disability of the 1st degree. It is established for a period of not more than one year with further re-examination.

Diseases of the 3rd group include diseases of the central nervous system and PNS, the cardiovascular system, the musculoskeletal system, and others.

It should be noted that disability groups 1, 2 and 3 do not define the list of diseases as such. The issue of recognizing a person as a disabled person is decided by the ITU in the presence of the above functional disorders in the body and the ability to carry out the actions necessary for life.

At the same time, it should be pointed out that Decree of the Government of the Russian Federation of February 20, 2006 No. 95 established a list of diseases and irreversible changes in the body, in which it is possible to receive disability indefinitely.

This list contains 23 items that accurately determine which diseases give disability without a re-examination period.

Disability is a state of the body in which a person is unable to perform any activity, in whole or in part. It is assigned by authorized bodies and divided into three groups, each of which is characterized by certain diseases.

Who is supposed to

The Ministry of Health by its order divided all diseases into several types:

mental disorders;
circulatory organs;
digestive system;
respiratory system;
language, speech, written, verbal violations;
sense organs;
physical deformities.

But not all diseases of the above types are the basis for the appointment of disability.

When making a decision on assigning a disability group, specialists consider the main categories of the applicant's life:

the possibility of self-service, that is, the independent implementation of personal hygiene or other household activities, physiological needs;
the ability to move independently, at rest and while moving, maintain stability, use transport services;
orientation in space, correct perception of the situation and the environment, understanding of time and place of stay;
communication with others, establishing contacts with them, the ability to perceive and transfer knowledge;
control of one's own behavior, perception of social norms, the ability to behave correctly;
the possibility of studying in general education or specialized educational institutions, the need to use auxiliary means, the ability to assimilate and memorize knowledge;
ability to work, that is, the ability to carry out activities, the fulfillment of requirements for the volume and quality of work.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

The parameters for assigning the second group are severe health disorders and severe disorders in the functioning of the human body.

They can be caused by diseases, birth defects, injuries, which subsequently lead to disability in one or more categories.

The list of disorders of body functions for people with the second group of disabilities:

the ability to serve their needs with the partial help of other people or with the use of specialized technical means;
the ability to move with the help of another person or specialized technical means;
the need to use partial assistance of other people or auxiliary specialized means when orienting;
communication in society with the help of another person or using a technical specialized tool;
controlling one's own behavior only with the help of an outsider, lowering the ability to analyze behavior;
the possibility of studying in specialized educational institutions for people with disabilities, at home according to special education programs, using assistive devices;
the probability of carrying out labor activity when creating special conditions.

So, in order for a person to be assigned the second group of disability, he must have persistent disorders in the body that limit his life.

What labor benefits do working disabled people of group 2 have

After assigning a group, the degree of damage to body functions is assessed. At the same time, the loads permissible for this citizen are determined, whether he has lost his working skills.

The second and third groups are working. Only persons with the third group can perform work under normal conditions, but with a decrease in its volume, severity or time, and with the second group under special conditions created.

All organizations with more than a hundred people must provide a quota for the employment of persons with disabilities. Basically, this is from two to four percent of the total number of workers.

The quota is set by the regional authorities. If the organization has not met these conditions, it pays a certain amount of money to the local budget. Therefore, it is beneficial for employers to have people with disabilities in their state. So they are exempt from monthly payments and reduce taxes.

In many large cities there are centers for the work of citizens with disabilities, such as the deaf or blind. But the number of jobs in them is limited, and wages leave much to be desired.

A suitable option for people with disabilities is remote work, so they can independently distribute their time, there is no need to get to the place of employment. As you know, public places in our country are not always convenient for the movement of people with disabilities.

But even here there is a significant minus, because in the absence of official work, insurance premiums are not paid and there is no length of service.

Employers may refuse to hire a disabled person of the second group only if there are contraindications prescribed in his documents, which he must present to the personnel department.

But there is no specific list of contraindications, they are determined separately in each case.

According to the Labor Code, it is not allowed for people with disabilities:

denial of admission due to disability;
unreasonable dismissal;
reduction;
provision of unacceptable working conditions;
discrimination based on disability.

When hiring a disabled person, an additional contract must be concluded, which specifies all aspects of cooperation: the duration of working hours (no more than 35 hours per week, but with the preservation of wages), the necessary conditions for work.

The workplace is equipped with additional technical devices, taking into account impaired facial functions.

For overtime and night work, work on holidays and weekends, a citizen can be involved only with his consent, which must be drawn up in writing. By law, he has the right to refuse without fear of consequences.

If there are health indications, the employee can be transferred to another, even less paid job. The employer has no right to obstruct him in this and must make the transfer within a month. But earnings must remain the same.

If an employee has indications that he should be transferred to other types of work, but refuses to do so, the employer may dismiss him. Under such dismissal, persons no longer capable of working are mainly covered.

With a reduction in the organization, the most qualified employees should remain. If the qualifications and productivity of labor are equivalent, then, along with other categories, citizens who have received an occupational disease or injury in this organization enjoy the priority right.

Vacation benefits

Persons with the second disability group (as well as with the first) are entitled to a longer paid annual leave compared to the rest, in the amount of 30 calendar days.

On sick leave, wages are also saved for 30 days. They can also take additional unpaid leave for up to 60 days once a year.

Registration procedure

In order to legalize the benefits provided by the state for a disabled person of the second group, he must confirm his status. To do this, you must undergo a medical social examination, as a result of which an appropriate certificate will be issued.

This certificate must be presented to the disabled person at the place of work. The employer, on the basis of this document, draws up an employment contract and equips the workplace in accordance with the capabilities of the employee.

You can also submit a notification from the tax service to the employer about the right to receive a tax deduction for personal income tax. After that, the tax will be withheld at a reduced rate.

What documents will be needed

employee passport;
certificate confirming disability;
employment history.

Assigning a disability is not a reason to close at home and sit within four walls. People with disabilities also have a need for communication, which can also be obtained in the workplace. The state obliges employers to hire them and provides them with benefits in employment.

The assignment of the status of a disabled person implies for a citizen further registration of benefits and additional preferences. The state assumes responsibility and care for such citizens, since they need special treatment and constant protection, both financially and socially and legally.

Issuance of a certificate of a disabled person and the provision of a special conclusion of the medical commission allows you to receive and use benefits in the future during the period in which this right is valid.

Once a year, a disabled person is required to re-pass the examination and confirm their status. If a person's condition worsens or remains unchanged, then a conclusion will be issued to him again, and he will again be able to receive benefits and benefits. If the patient refuses to be examined, he will automatically lose the disability group.

There are situations when a group is assigned indefinitely or for life. Consider all the important points of obtaining such a status and determine the procedure for registration and reasons for removing such a group.

Several cases are legally defined when passing an examination every year is not required. The patient should not re-apply to the medical facility, because he has the status of permanent disability. There are several situations where a patient can be assigned such a status.

Consider the reasons for which permanent disability 2 groups and who can become disabled 3 groups for life. The list of such citizens includes:

persons who have reached retirement age (for the female half of the population - 55 years, and for the male - 60 years);
disabled persons who must undergo an examination during the period when they reach the specified number of years;
the military who received the status of a disabled person while participating in hostilities, as well as during military service;
WWII invalids.

Registration of indefinite disability allows citizens to avoid tedious visits to various medical institutions for examinations and tests.

For what diseases is an indefinite disability assigned?

In order to provide the above exemption to citizens who, for health reasons, cannot be re-examined, the state has provided a special list of diseases. If a person has a disease, permanent disability is automatically assigned. The list of ailments includes:

Oncology, relapses occurring after radical treatment of the disease. Metastases and tumors that do not respond to the treatment being undertaken and lead to a deterioration in the citizen's well-being.
Benign formations in the brain centers that cannot be eliminated. These patients may experience problems with motor and speech functions, as well as visual impairment.
Surgical intervention to remove the larynx.
Mental impairment, expressed in severe form, as well as senile dementia of any type.
Diseases of the central nervous system, not amenable to treatment.
Hereditary disorders that cause loss of movement function and complete muscle atrophy.
Degenerative changes in the brain that are not treated.
Defects in the vessels or retina of the eye, as well as damage to the optic nerve. If the pathology leads to a change in the field of view up to 10 degrees.
Complete deafness, suggesting the use of endoprostheses.
Complete impairment of visual and auditory functions.
Liver problems - cirrhosis, an increase in the size of the organ.
Diseases due to high blood pressure.
Fistulas of the fecal and urinary type, which can be cured.
Joint disorders.
Kidney dysfunction.
Violations in the work of the musculoskeletal tissue, causing incurable consequences.
Injuries to the brain and spinal cord, causing loss of various functions of the body.
Defects associated with the deformation of individual organs or parts of the body, as well as as a result of amputation of limbs.

How long does it take to get permanent disability?

Lifelong disability is established when a person has a serious illness that cannot be cured. To assign a group, the patient first goes through various rehabilitation and recovery procedures.

If these measures were not effective, then the citizen is assigned a life group. In especially severe cases, the law defines a period of two years, we are talking about 1 indefinite disability group.

When the treatment of the pathology has not yielded any results and the diseases are irreversible, but have a mild degree of disability, the group is also awarded for life, but 3 or 2. The term of appointment of the category is up to four years.

In the event of a relapse after the treatment, six years may pass before a disability group is given, and if the patient has been in the same group for five years and his condition does not improve or worsen, then the disability will also be automatically assigned to life.

Under what conditions can a group be cancelled?

Many patients with an urgent disability group are interested in can they remove this status. In this case, there can be only two grounds for withdrawal. In the first case, we are talking about the falsification of papers, analyzes and the results of the study, the presence of an uncertified correction in the diagnosis. The second point is the discovery of serious violations in the work of the commission body, which made the decision to award a life group.

Conclusion

Indefinite or lifelong disability is provided for certain groups of citizens who are included in the list of persons who have such a right, as well as for persons suffering from incurable diseases and pathologies. The procedure for assigning such a status is standard and involves a commission consideration of the issue.

The issue of granting disability to citizens of the Russian Federation has always been acute at all state levels.

But if officials and doctors know who and for what they can give a group, then ordinary citizens do not.

This is especially true for the second group of disabilities. For this reason, we will consider the issues of interest to this category of citizens. Who is eligible to apply? For what diseases can you get an indefinite disability?

Legislative regulation of the issue

Recognition is governed by legislative acts:

Decree of the Ministry of Health and Social Development of December 2009, which describes the types of diseases;
Decree of the Government of the Russian Federation No. 247, which contains a detailed list of diseases that give the right to an indefinite group;
Federal Law No. 181, which clearly defines who has the right to claim a disability.

This list of laws is not exhaustive for citizens with disabilities, but they show in detail the position of the state when receiving any group.

Types of diseases and criteria for establishing a group

According to the Order of the Ministry of Health and Social Development of December 2009, all diseases for which you can get a 2nd disability group divided into categories, namely:

In most cases, the second group can be obtained only if there is a moderate severity of the course of the disease.

partial possibility of self-service. For example, a person is not able to go outside without outside help, take public transport, and so on;
to communicate with people, you need the help of third parties;
inability to adequately respond to the surrounding reality. This refers to the need for a significant amount of time to determine where the location of a person and his spatial orientation;
there is no possibility of education on the same level with other citizens. There is an urgent need for specialized training centers;
the implementation of labor activity is possible only when the proper conditions are created.

A complete list of diseases can be found in the Order of the Ministry of Health and Social Development dated December 23, 2009.

Perpetual clearance

A complete list of all types of diseases for which you can apply for the assignment of the second group of disability indefinitely is described in Decree of the Government of the Russian Federation No. 247 of April 7, 2008.

The list itself includes 23 diseases, the main of which are considered to be:

At the same time, it must be remembered without fail: disability can be assigned no later than two years ago from the time the person was recognized as disabled.

The procedure for passing the ITU

To receive any disability group, including the second, there is a certain action algorithm, which is as follows:

Where to apply?

To receive a referral to the ITU commission, you must contact your general practitioner at your place of residence.

In addition to the attending physician can provide:

in social protection;
or in the Pension Fund.

There are situations when the applicant receives a refusal to issue a referral. In such a situation, he has every right to apply directly to the ITU commission.

What list of documents is needed?

One of the main documents is referral to the ITU Commission, which describes the disease and the methods used to eliminate it in therapy.

In addition, it is necessary prepare such a list of documents:

a statement that can be drawn up in one's own hand or by a trusted person (if the applicant for disability cannot write personally for health reasons);
original and copy of all completed pages of the passport;
in the presence of work experience, it is necessary to present the original and a copy of the work book;
a characteristic that can be drawn up by the immediate head of the enterprise where the person works or the educational institution, if the applicant is a minor.
original certificate of average salary.

In the event that disability has come for a reason, it is imperative to present an appropriate act.

The new rules for applying for disability are described in the following video: