The state plans to recheck disabled pensioners. Expertise will be taken on a pencil Verification of expert cases of disabled people
Good day! This is Maria Darovskaya, one of the authors of the materials for the HeatherBober project.
Today we will talk about medical and social expertise, its nuances, goals and features.
Consider the following questions:
- What is a medical and social examination and what is the procedure for its conduct?
- What types of tasks does the Bureau of Medical and Social Expertise solve?
- How does the medical and social commission determine the disability group?
To begin with, let's find out what is usually called a medical and social examination, and how it differs from other types of examinations, about the procedure for its conduct.
- What is a medical and social examination and by whom is it carried out?
- What tasks does the ITU bureau solve - 5 main types
- How to pass a medical and social examination - step by step instructions
- Step 1. Get directions
- Where to get advice on resolving ITU issues - an overview of the TOP-3 companies
- How to proceed if you have received a refusal to conduct an examination - 3 useful tips
- Tip 1. Request a certificate of refusal
- Tip 2. Use the services of a professional lawyer
- Tip 3. Go to court
- Conclusion
1.What is a medical and social examination and by whom is it carried out?
ITU is a procedure, according to the results of which experts recognize a person as disabled or deny him this status.
If the experts have determined that a person is really a disabled person in need of social protection, then after that they determine to which group of disability they are assigned and what rehabilitation measures are needed.
The assessment is carried out in a comprehensive manner, analyzing the clinical, everyday, functional, psychological indicators of a person (see also "Psychiatric examination" and "Psychological examination").
The analysis is performed based on the criteria approved by the Federal authorities. The procedure itself is regulated by the Federal Law, Articles 7 and 8.
The ITU is run by federal agencies - in particular, the ITU bureaus. The form of referral for research was approved by the Ministry of Health and Social Development.
You can familiarize yourself with other types of independent expertise in our review article.
2. What tasks does the ITU bureau solve - 5 main types
The activities of the ITU Bureau are regulated by the order of the Ministry of Labor and Social Development.
In total, there are 5 main types of tasks that the bureau solves.
Task 1. Establishment of disability
When conducting a study for the recognition of disability, they are guided by the rules approved by a special government decree.
A disabled person is a person whose health is impaired, due to which persistent disorders have arisen in the body and its functioning, obstacles to normal life have appeared and, as a result, the need for social protection.
A person is recognized as disabled if:
- His health is impaired and he has persistent disorders of the body due to diseases, injuries, defects.
- He has completely or partially lost the ability to serve himself, move, navigate, manage himself and his behavior, study, work, interact with people.
- He needs social protection and rehabilitation.
It is worth considering that a person is not recognized as disabled if he has only one of these signs.
They are sent for examination mainly by treatment-and-prophylactic institutions (hereinafter referred to as LPI), but sometimes they can also be sent to MSU in pension state institutions and social assistance agencies.
The person will be examined by the Commission on Disability when submitting an application in writing and in the presence of attached medical documents on the state of health and other documents on the status of a citizen.
If there is a referral to ITU, it is registered at the bureau on the day of submission.
In the video, you will learn about the rules for referral to ITU.
Task 2. Development of rehabilitation programs for people with disabilities
Individual rehabilitation programs are prepared at the ITU office.
Both in the initial and in the second examination, the examination reveals how much rehabilitation is needed and what it should be.
An individual rehabilitation program is a specially developed document containing a set of measures, the purpose of which is to restore or compensate for the lost functions of the body and abilities.
It is mandatory to explain the goals, objectives, expected results, possible consequences for the disabled person or his representative. The date of this conversation is written in the examination documents.
Task 3. Determination of the group of incapacity for work
There are several categories of disability: I, II, III groups and the category of "disabled child".
Persons with disabilities of I, II, III groups are assigned a labor pension. If the person has no work experience, then a social pension is established. This norm is regulated by the Federal Law.
Task 4. Re-examination of disability
The decision to recognize a citizen as a disabled person or to deny him this status is made after receiving and considering the data.
Re-examination must be carried out in advance, until the period for which the disabled status is granted has expired.
Terms of survey:
Sometimes disability is established without specifying a timeframe. This happens when it is found that it is impossible to eliminate or reduce the level of restrictions on the life of a citizen with rehabilitation measures, if there are no positive changes from rehabilitation (see also the material "Forensic examination").
Task 5. Determination of the causes of death of people with disabilities
To use the public service of determining what caused the death of a disabled person, a family member of the deceased must submit an application.
In addition to the application itself, you must provide a document confirming the identity of the applicant, a copy of the medical death certificate, an extract from the study card by the pathologist, a copy of the deceased's disability certificate.
The causes of death are determined in absentia at the bureau.
The application is submitted and recorded in the journal immediately upon submission. If the application was submitted, but all the necessary documents were not provided, then the applicant must provide them within 10 (working) days.
The decision is taken by the majority of experts. When carrying out, an act is drawn up and a protocol is kept. The conclusion is drawn up in paper or electronic form.
You can read about determining the causes of death in the article "Forensic medical examination".
3. How to pass a medical and social examination - step by step instructions
Now we will look at the main steps that need to be taken to obtain disabled status.
Please note that if there are no grounds for obtaining disabled status, then you will be refused.
Step 1. Get directions
Your first action should be to make an appointment with your doctor. At the reception, you must inform us that you want to be disabled.
The doctor will record everything you need in the medical record and write out a referral for examination. After that, you will be assigned an inpatient examination. Do not hide your illnesses and injuries as you go through it. You need to communicate with doctors, tell them in detail why you have this or that disease.
All information obtained during the survey will be entered into your card.
Example
Volodymyr had health problems sufficient to obtain a disability. But he did not go to the doctor, the outpatient card was not kept. When Vladimir wanted to receive the social status of a disabled person, he was refused.
After the refusal, he had to register, undergo regular medical examinations. A year later, during a second examination, he was given the status of a disabled person.
To obtain the status, you need to regularly appear at the local doctor and have a record of this in the medical record. Inpatient treatment and examination will follow only after a long outpatient visit to a medical facility. In the absence of regular calls in the outpatient treatment card, the status will be denied.
It is the lack of success of outpatient treatment, and then inpatient treatment, that is evidence of persistent pathology. Discharges from the hospital must be certified by the department seals. The direction is certified with the seal of the institution. The signatures of at least three doctors are also required.
Read also "Independent Medical Expertise".
Step 2. We draw up an application for an examination
A citizen can submit an application independently or entrust it to his representative. It indicates the name of the institution to which the application is submitted, information about the applicant, formulate the request for holding the ITU, its goals, set the date for filing the application.
The recipient must sign the received application, thereby confirming the fact of its receipt.
A statement is also written in case of refusal to refer to the ITU in the hospital.
The documents for the ITU are prepared by the polyclinic at the place of residence. The chairman of the medical commission is responsible for this aspect of the work. It is necessary to contact him when preparing documents for obtaining a disability.
Step 3. We receive an invitation from the ITU bureau
After submitting the application, you need to wait until the invitation is received. It can be drawn up both in writing and in electronic form, including by publishing it on a specialized Internet portal.
You can also send an invitation by phone, including by mobile using an SMS message. See also the material "Forensic expert".
Step 4. Collecting the necessary documents
It is better to prepare the necessary documents before receiving an invitation. This way you will have time to assemble the entire package. You will need a passport, a referral to the ITU, medical documents that confirm the state of health.
If, when submitting an application, you did not have all the documents, then you need to convey them within 10 days.
Step 5. We are waiting for the assessment of the state of the body
The research is carried out in the office at the place of residence or, if there is a conclusion, at home. Also, ITU can be carried out stationary or in absentia. The sub-expert can invite for the examination a specialist who will have the right to vote.
The task of specialists is to study the documents, conduct an examination and decide whether to grant the status of a disabled person.
Step 6. We receive an act of medical and social examination
The decision is made within 30 days from the date of registration. If the examination was carried out in absentia, then the decision and explanations to it are drawn up on paper or in electronic form. Based on the results, an act is drawn up, it is signed by specialists and the head of the bureau, and sealed.
All documents, including the act, as well as the protocol and the rehabilitation program, are entered into the personal file of the subject. You will receive certified copies of these documents if you write an application.
Read the peer review review.
4. Where to get advice on resolving ITU issues - an overview of the TOP-3 companies
Legal and bureaucratic obstacles can arise when obtaining disabled status.
For this reason, we recommend that you get legal advice before starting to draw up the necessary documents. This will help to shorten the processing time, simplify the procedure, save you from multiple trips to the state office.
1) Jurist
"Pravoved.ru" provides legal advice and services for the execution of documents in various fields. From almost 17 thousand qualified and experienced lawyers from all over the country, you can always choose the specialist you need in your situation.
The company offers both free and paid services. But even for paid services, the price is lower than the market average. After all, the lawyers of Pravovedov do not need an office to provide advice to clients.
You can get advice without leaving your apartment. When filling out a question on the site, you will receive the opinion of several specialists, which is tantamount to a collegial meeting and eliminates the possibility of errors.
The Pravoved website works around the clock without days off and breaks. If necessary, you can meet with specialists offline, if the case requires the direct presence of a lawyer.
2) Legal advice "Your personal lawyer"
Experts of legal advice "Your Personal Lawyer" provide advice on legal issues. You can contact the company for help by leaving a request on the website or by calling. Answers to the request are sent within five minutes.
Experts also prepare articles on topics of their profile - real estate, social security, property, family and labor, civil, corporate tax law and others.
Docexpress provides legal advice around the clock through a 24-hour hotline. Legal assistance is provided to both individuals and legal entities.
The company also provides a free mailing list, and the site has a forum where you can see expert answers to questions already asked. The list of the main advantages of the organization is the reliability of the information provided, speed, quality.
5. How to act if received a refusal to conduct an examination - 3 useful tips
It may happen that the granting of a disability is denied. This can happen for a variety of different reasons.
If you are sure of the illegality of the refusal, then let's consider what needs to be done to protest it.
If you receive a refusal, be sure to ask for a written certificate. You will be able to apply to the bureau for the expertise yourself, if you have it in your hands.
If the examination shows that all the signs of disability are present, then they will issue a certificate with which you need to go to the clinic and receive a referral in the form.
A professional, specialized lawyer will assist with the procedure for appealing the refusal. The lawyer must have experience in such cases and the required level of qualifications.
Please note that if you seek the help of a lawyer before submitting documents, then the refusal may not follow at all.
If you have made a decision to challenge the refusal in court, then it is unlikely to get a positive decision without a lawyer.
If a disability claim is denied, then the road to appeal lies through the court. Previously, it is worth contacting the specialized specialists of expert companies, as well as legal advice.
In litigation, you can apply for an ITU Independent Procedure. By law, you can file a lawsuit to appeal the decision within three years from the receipt of the refusal.
6. Conclusion
We hope that now the topic of obtaining a disability has become clearer to you.
Today we found out that:
- medical and social expertise is needed to recognize a person as disabled;
- the conduct of the ITU is governed by the Federal Law;
- in case of refusal, you can appeal this decision through the court.
We wish you always stay healthy! Leave your comments and ratings - we will be glad to receive feedback. Until next time.
People with disabilities disagree with the fact that there are fewer of them and complain about the bias of experts
The Public Chamber of the Russian Federation sent a request to the Prosecutor General of the Russian Federation Yuri Chaika with a request to join a public audit of the activities of the Bureau of Medical and Social Expertise, reports TASS.
The chairman of the Public Chamber's commission on social policy, Vladimir Slepak, explained that this is due to an increase in patients' complaints about the biased attitude of ITU experts.
According to the Ministry of Labor, the number of disabled people in Russia over the past two years has decreased by 270 thousand people - from 12.69 million in 2013 to 12.42 million in 2015. However, the patients themselves do not agree with this and associate a sharp "recovery" with the fact that after the new rules for establishing disability came into force in 2014, ITU institutions began to refuse to establish or extend it more often. As a result, people are deprived of their rights to free drugs and benefits.
The rules for establishing disability in Russia changed at the end of 2014, after the entry into force of the order of the Ministry of Labor No. 664n, which introduced a point system for assessing the disease and the degree of disability. According to the order, experts now take into account not only the very fact of the disease, but also how much a person is included in social life, can independently serve himself and determine these abilities individually, as a percentage. The percentage gained depends on what kind of disability group will be given to a person, if at all.
Slepak said that with the application of the new order of the Ministry of Labor, people who have already been assigned a disability group, it is removed, and when they first apply to the ITU bureau, they are not assigned.
In the fall of 2015, the flow of patients to the Center with complaints about a decrease in the group of disabilities sharply increased, - says Aleksey Panov, CMP manager. - Because of this, people have lost, for example, the right to receive orthopedic shoes, and many cannot afford to make them at their own expense. Children with disabilities - preferential treatment.
Human rights activists note that, due to the lack of an independent ITU, people with disabilities are often left with an unresolved problem. After all, the courts rarely review the decisions of the ITU state bureau in favor of patients.
The most promising and effective option seems to be the transfer of ITU powers to medical commissions, which now exist at polyclinics, says Saversky.
And Vladimir Slepak is sure that the involvement of the Prosecutor General's Office of the Russian Federation in checking the ITU bureau will help to restore order in this area or will give proposals for its radical reform in the interests of disabled people.
As of January 2019, over 12 million people with disabilities live in Russia, including retirees. Last year, officials suggested dropping the term “disabled”. Along with the change in wording, it is planned to change the rules for assigning disability groups. Because of this, the government will recheck disabled pensioners.
Checking disabled pensioners in 2019
Disability gives citizens the right to receive additional social assistance from the state. This also applies to those who have retired. In 2018, the procedure for assigning disability groups was changed, at the same time they began to discuss the reform of the entire sphere.
The state plans to recheck disabled pensioners due to the identification of cases of violation of job descriptions. Often the documents required for registration of the group were simply bought. The facts revealed made the officials doubt the purity of the procedures for issuing documents and the honesty of the employees who issued them. In order to identify the legality of certificates, assignment of disability groups, citizens are rechecked, including pensioners.
Dates of the
A special commission will be formed to recheck. Professionals will carefully analyze the accuracy of the information previously provided by a pensioner with disabilities. The work begins in the first working days of 2019, everything is planned to be completed in 12 months.
Which of the persons with disabilities will be affected
Experts will take care of the control. If a pensioner with a disability does not pass the recheck, his group will be reviewed based on the existing deviations. If fake documents are revealed, the pensioner may be completely deprived of the status of "disabled".
In this case, he will lose state aid: additional social benefits, financial payments, free services.
There will be no fraud charges, although document forgery is a crime. Checking disabled pensioners will not affect Russians with permanent disabilities.
To check you will need:
- undergo the necessary medical examinations;
- submit documents on diseases that serve as a justification for assigning a disability.
Changes in the procedure for determining disability
In 2018, changes were made to the regulations for establishing disability. Prior to this, the group was determined by the degree of limitation of a person's life. The experts' judgment included an assessment of the disabled person's ability to communicate, learn, and serve themselves independently and was partly subjective.
According to the innovations, the disability group is determined depending on the level of manifestation of disorders of the functions of the whole organism, which is confirmed by a medical examination. This technique is more objective. In 2018, the term “habilitation” first appeared. If rehabilitation means the return of abilities that were lost due to illness, then habilitation is preparation for activity, the formation of abilities.
From January 2019, the federal register of information on persons with disabilities will begin to function. The system will accumulate data about a disabled person's group, information about disabilities, what body functions are impaired in a person, his rehabilitation program and rehabilitation measures.
The accessibility of the social environment for persons with disabilities will change. So the authorities are obliged to initiate the duplication of information in Braille, equip traffic signals with additional sounds, transport, public places - ramps and other amenities.
It is planned to increase the amount of assistance that a disabled child receives from the state. For disabled people I-th group. and disabled persons with disabilities II-nd gr. monthly payments are proposed to be replaced by the provision of free drugs prescribed by a doctor.
Video
In the last issue of the magazine, we talked about the new procedure for conducting a medical and social examination and recognizing a citizen as a disabled person. This issue will focus on the results of the examination, how they are presented, as well as the implications of decisions of the ITU institutions for the parties to labor relations.
Proof of disability
There were doubts about the authenticity of the certificate confirming the fact of the employee's disability. Is there any way to verify its authenticity?
This fact is easy to verify if you set yourself such a task. The details of the certificate must match those specified in the certificate of examination of the disabled person. In the line "Ground: certificate of examination in the federal state institution of medical and social expertise" shall indicate the number of the certificate of examination and the date of receipt by the ITU institution of the application of the citizen (his legal representative) for recognition as disabled. This act can be raised if necessary. The fact of filing an application is also recorded in a special journal. To verify all these data, an official request can be sent to the ITU federal government agency with a request to confirm the issuance of a certificate.
The examination and decision-making are accompanied by documents, the presence and correctness of filling of which, if necessary, can be rechecked: protocol, certificate of examination, certificate of disability, rehabilitation program.
If an employee claims that he is raising a disabled child, then in order to receive benefits, he must provide the employer with a certificate confirming the child's disability. No other "crusts": certificates, certificates, certificates of other content - can not serve as a basis for the provision of benefits at the place of work.
By the way, you can get the necessary information or find out the details of passing the ITU at information stands and terminals in ITU institutions, in the federal state information system "Unified portal of state and municipal services (functions)", on the official website of the Federal Bureau of Medical and Social Expertise http://fbmse.ru/; on the official website of the Ministry of Labor of Russia http://www.rosmintrud.ru/. General information on the location, e-mail addresses and contact numbers of federal state institutions of medical and social expertise is given in Appendix No. 1 to the Administrative Regulations.
Practical question on the ITU topic
The employee took time off from work to pass the ITU. He did not provide a certificate on the results of the event, saying that the establishment of disability was denied. Should he somehow confirm the passage of the ITU?
If a citizen was not recognized as disabled, then the specialists of the bureau that conducted the ITU, upon his request, issue a certificate of the results of the examination on the day of application (when applying for the specified certificate on the day of the ITU) or within five calendar days if the issuance of a certificate takes time to request formed cases from the archive. Such a certificate, drawn up on paper and (or) in the form of an electronic document, will serve as an excuse for being absent from work.
According to clause 20 of the Administrative Regulations, a certificate of the results of the ITU is issued to the recipient of the public service on the day of the medical and social examination. If, in order to issue a certificate, it is required to request from the archive the acts of medical and social examination formed in the case - within five calendar days from the date of submission of the application.
Practical question on the ITU topic
A disabled worker got married and changed her last name. Is it necessary to replace the certificate confirming the fact of the establishment of disability?
In the event of a change in the last name, first name, patronymic, date of birth of a citizen recognized as a disabled person, at his application (or application by his legal representative), the ITU institution at the place of residence that has established his disability will issue a new certificate. In this case, a new act is drawn up without an additional examination of the disabled person, in which a record is made about the issuance of a new certificate instead of the one issued earlier, and a protocol.
A previously issued certificate is canceled by crossing out and marking “canceled” and filed into the certificate of examination of the citizen.
Such rules are established by clause 8 of the Procedure for drawing up forms of a certificate confirming the fact of establishing a disability, and an extract from the certificate of examination of a citizen recognized as a disabled person, issued by federal state institutions of medical and social expertise, approved. by order of the Ministry of Health and Social Development of Russia No. 1031n.
In the upper right corner of the new certificate, an entry is made "Instead of a certificate from ... series ... No. ... issued (name, full name, date of birth)".
Practical question on the ITU topic
The disabled person has submitted a certificate confirming the fact of disability, but refuses to present an individual rehabilitation program. Is it possible to demand this document from him?
In addition to a certificate of assignment of disability, an adult citizen receives an individual rehabilitation program for a disabled person (IPR), and children and adolescents under 18 years old receive an individual rehabilitation program for a disabled child. The forms of these documents were approved by order of the Ministry of Health and Social Development of Russia dated 04.08.2008 No. 379n, hereinafter - order No. 379n.
An individual rehabilitation program for a disabled person is comprehensive in nature, contains rehabilitation measures, including in the field of work. Please note: if necessary, at the invitation of the head of the office conducting the ITU, employers can also participate in the formation of the IPR with a deliberative vote. The procedure for the development and implementation of an individual rehabilitation program for a disabled person (disabled child) is approved by Order No. 379n.
In the IPR, a disabled personnel officer should be primarily interested in the section "Measures of professional rehabilitation", as well as "Recommendations on contraindicated and accessible conditions and types of work." These two blocks should be read especially carefully, since physicians most often emphasize the need to "create a special workplace" for a disabled person. It is clear that in this case the employer is indicated in the column "Executor of rehabilitation measures".
By the Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 No. 30, the Sanitary Rules of SP 2.2.9.2510-09 “Hygienic Requirements for Working Conditions of Disabled People” were approved. Keep in mind that at the next re-examination, the commission conducting the ITU will certainly ask the disabled person whether the activities that were planned in the previous IPR were carried out. Please note that in accordance with Art. 11 of the Federal Law of 24.11.1995 No. 181-FZ "On Social Protection of Disabled Persons in the Russian Federation" IPR for a disabled person is mandatory for implementation by the relevant government and local authorities, as well as organizations, regardless of organizational and legal forms and forms of ownership. In this regard, Art. 224 of the Labor Code of the Russian Federation provides for the obligation of the employer to create working conditions provided for by the IPR. For the disabled person himself, the IPR has a recommendatory character, and he has the right to refuse one or another type, form and volume of rehabilitation measures, and from the program as a whole. But, refusing the recommendations included in the IPR, he takes on all the unfavorable consequences of such a step (deterioration in health).
Looking through the IPR, find the time frame for which it was developed. It can be: a year, two years, and indefinitely. If there is a need to introduce any changes and (or) additions to the IPR, the ITU is again carried out and a new program is drawn up.
An individual rehabilitation program on paper is signed by the head of the bureau (authorized deputy head), certified by the seal of the bureau and can be issued to a citizen personally or sent by registered mail. This document is drawn up in three copies: one is issued to a disabled person, about which an entry is made in the journal for issuing an IPR of a disabled person, the second is attached to the certificate of examination, the third, within three days from the moment the IPR is approved by the head of the bureau (his authorized deputy), is sent to the territorial body of the FSS of Russia or to an executive body of a constituent entity of the Russian Federation, authorized to exercise the authority to provide social protection measures to persons with disabilities. That is, a disabled person does not have the right to assert that the IPR was not developed for him at all. It's another matter if he refused to receive it. This is possible, but if the disabled person (his legal representative) refuses to sign the IPR, it is attached to the act of medical and social examination. In this case, a copy of the IPR can be issued at the request of a disabled person.
Why are citizens abandoning the IPR? Perhaps due to disagreement with the bureau's decision on recommended rehabilitation measures. In this case, the decision can be appealed. It happens that the assigned group turned out to be worse than the disabled person expected. There are other reasons as well. The main thing is that the employer is not responsible for the decisions made by the disabled employee.
Disagreement with the ITU decision and refusal of rehabilitation
Can a disabled worker remove his / her disability on his own?
The procedure for lifting a disability on the initiative of a disabled person is not provided for by law. What can a citizen do in this situation? For example, not to undergo the next re-examination within the established time frame. The disability group is not automatically extended, and the law does not provide for compulsory re-examination.
Practical question on the ITU topic
The employee received a disability as a result of an accident at work, he submitted the relevant certificate. Is he obliged to carry out the measures established in the victim's rehabilitation program?
A person who has suffered as a result of an industrial accident or occupational disease shall, within one month from the date of the decision, receive a rehabilitation program for the victim as a result of an occupational accident and occupational disease (hereinafter referred to as the PRP), developed by the specialists of the bureau that carried out the examination, in the form , approved Resolution of the Ministry of Labor of Russia No. 56 of July 18, 2001. The PRP indicates specific types, forms, volumes of recommended measures for medical, professional, social rehabilitation and the timing of their implementation.
You should pay attention to the section "Recommendations on contraindicated and accessible types of work", where contraindicated production factors and working conditions are named, as well as the shown conditions and exemplary types of work available for health reasons.
Note!
The rehabilitation program is drawn up in three copies: one is sent to the territorial department of the FSS of Russia, the second is handed over to the victim, the third is attached to the certificate of examination at the ITU institution. If a citizen refuses to draw up a PDP, an appropriate entry is made in the certificate of examination at the ITU institution and signed by the victim.
It must be borne in mind that, unlike an ordinary disabled person, an insured (disabled employee) who has suffered as a result of an industrial accident and occupational disease is obliged to follow the recommendations for medical, social and vocational rehabilitation within the time limits established by the PRP, to undergo medical examinations. and re-examination within the terms established by the ITU institutions, as well as on the direction of the insurer (clause 3 of article 16 of the Federal Law of 24.07.1998 No. 125-FZ "On social insurance against industrial accidents and occupational diseases").
Paragraph 123 of the Administrative Regulations provides: if a citizen at the time of the examination at the ITU bureau had an open certificate of incapacity for work, if he is recognized as disabled, the head of the ITU bureau makes a note about the disability group and the date of its establishment in the line “Disability group established / changed”. When disability is established, the period of temporary incapacity for work ends on the date immediately preceding the day of registration of documents at the ITU institution (clause 28 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).
Temporarily disabled persons who have not been identified as disabled, the sick leave may be extended by the decision of the medical commission until the restoration of working capacity with the frequency of extension of the document by the decision of the medical commission at least once every 15 days or until re-referral to the ITU.
Practical question on the ITU topic
The disabled worker disagrees with the decision of the ITU Bureau. What advice can you give him in such a situation?
Explain to the employee his right to appeal the decision of the ITU Bureau. The complaint is subject to mandatory registration no later than the next working day from the date of receipt at the bureau and is considered within 15 working days from the date of registration. An application for appealing the decision of the bureau that conducted the medical and social examination is sent to a higher authority within three days from the date of admission, which makes a decision no later than one month from the date of receipt of the application.
A complaint about the activities of the ITU bureau in terms of the examination may entail an unscheduled inspection of this bureau in the form of an analysis of the protocols, as well as the examination of citizens during control. Scheduled inspections are carried out at least once every three years.
Before writing a complaint, a citizen should carefully study paragraph 146 of the Administrative Regulations, which discloses the rules for drafting complaints and requirements for their content. A complaint can be sent by mail or electronically (for example, on the official websites of the bureau, main bureau, Federal bureau, etc.).
If a citizen made a wrong address, sending a complaint to the wrong official or to the wrong authority that is competent to make a decision, within three working days from the date of registration, the complaint is sent to the body authorized for its consideration, and the citizen is informed in writing about its forwarding. In this case, the period for consideration is calculated from the date of registration with the authorized body.
Employees of Moscow social services inspect the apartments of pensioners, disabled people, low-income families to assess whether they need social assistance, "MK". If the social worker fails to get into the apartment, social assistance will be denied. Lawyers believe that such actions by the authorities are illegal, as they violate the citizens' right to privacy and personal space.
Currently, Moscow has a system of electronic certificates for low-income Muscovites who need government assistance - pensioners, people with disabilities, families with children, citizens who are in difficult life situations. The electronic coupon is transferred to the social card in the form of points: 1 point is equal to 1 ruble. With the help of the certificate, its owners can purchase food, baby clothes, household appliances, rehabilitation means.
However, to obtain such a certificate, a certificate of income is no longer enough, the Moscow government decided to check whether Muscovites applying for social assistance really need it. For this, social workers will inspect apartments and, depending on the results of such an examination, a decision will be made whether the person will receive social assistance in the form of an electronic certificate or not. If a person is not used to opening the door to strangers or, for some reason, will not let a social worker into his home, then he will not receive a certificate.
Many beneficiaries perceive such checks without much joy and consider them humiliating. “I applied to the Babushkinskoe department of social services for an electronic certificate,” says pensioner Elena Maksimova. - They came to my house to describe the property. We looked at what year the refrigerator, TV, washing machine was made, what kind of renovation in the apartment ... I, for example, do not live very well, I am ashamed to invite people into the apartment. However, I have not lost my pride yet - it is very unpleasant when other people evaluate you ... "
Social services representatives say that this is not their whim and that they are acting on a completely legal basis. “We are acting on the basis of the decree of the Moscow government No. 215,” explained the specialist of the department of urgent social services of the Babushkinsky district. - A special commission is being created to assess the conditions of the poor. Moreover, a visit is provided only for secondary treatment. For example, if there is a washing machine in the apartment, and the grandmother asks to hand her a certificate for the same, we cannot satisfy her request. "
The sotsltszhbe also said that if access to the apartment was not provided, then the certificate will not be issued - these are the rules. Is it legal? On this issue, the opinions of lawyers differ.
“The visit of social security workers is not a way to humiliate a person, but simply aims to identify citizens who are really in need. According to the law, an inspection certificate is also attached to the documents that a person must provide to the social security authorities, - explains lawyer Galina Gudkova, typewriter, tile), and not on a food certificate for 2000 points. "
But lawyer Aleksey Bondarenko believes that such actions of social workers are a violation of a person's legal right to privacy. “We have Article 137 of the Criminal Code on violation of privacy, and we also have a supreme law - the Constitution, which also protects the personal space of a citizen,” he says. - Resolutions of regional bodies cannot override the Constitution. A person does not have to open the door to social workers at all. The main thing here is to create a precedent: you need someone to go to court, and it is better to file a collective statement about the violation of the rights of the poor. And then, by a court decision, this part of the ruling, which refers to visiting pensioners at home, may be canceled. "
