Advertising on the portal

The degree of limitation of the ability to work. Tax and accounting

Details Published: 30.11.-0001 02:30 Views: 9875

Many employers who are ready to hire a disabled person with a 3rd degree disability (SDW) are faced with a dilemma: the disabled person has an education, a specialty, and professional skills, but according to the certificate, he is considered completely disabled. Can he be hired? How to register it?

In fact, the 3rd degree of restriction of the ability to work establishes a complete ban on work, which contradicts Art. 19 of the Constitution of the Russian Federation, which guarantees everyone equality of rights and freedoms and prohibits any restrictions (discrimination), in particular, on social grounds, as well as Art. 37 of the Constitution of the Russian Federation, which directly states that everyone has the right to freely manage their ability to work, choose their type of activity and profession.

In addition, the Law on Social Protection of Disabled Persons and the Labor Code directly provide benefits for group I disabled people (for example, Article 92 of the Labor Code of the Russian Federation), which indicates that they are recognized by the legislator as potential employees.

Misunderstandings arise due to the fact that with the introduction of SOTD they began to be assigned automatically: disabled people of group I - 3rd degree SOTD, etc. In such a situation, many working disabled people of group I automatically found themselves “overboard.”

There are options for action in this situation:

  1. Change the degree of limitation of ability to work from “non-working” to “working”, from 3rd to 2nd. The change is made at the ITU office based on the application of the disabled person. In this case, he loses part of the monthly cash payments, the size of which directly depends on the SOTD. This option is more convenient for the employer himself than for the disabled person, since the employer will be “clean” before the inspection authorities.
  2. Draw up an individual rehabilitation program (IRP), where in the section “Program of Vocational Rehabilitation” the ITU Bureau writes: “work in specially created conditions or at home is recommended.” Taking into account the fact that the IPR is mandatory for execution by all government bodies (Article 11 of the Law on Social Protection of Disabled Persons in the Russian Federation), the employer will have a legal basis for hiring a disabled person. The problem is that not every ITU bureau can meet halfway and fill out the IPR accordingly.
  3. The employer enters into a civil law agreement with the disabled person (contract of work, provision of services, etc.). In this case, the legal relationship between the employer and the disabled person is not labor, but is regulated by the Civil Code of the Russian Federation. There are no restrictions on the conclusion of contracts in the Civil Code of the Russian Federation.

Every organization may face a situation where its employee becomes disabled for some reason. What should the employer do in this case? Can such an employee continue to work or is he subject to dismissal? What conditions should the employer provide to such an employee? We will try to answer all these questions in this article.

First, let us recall that a disabled person is a person who has a health disorder with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activity and causing the need for social protection (Article 1 of Law No. 181-FZ). Recognition of a person as disabled is carried out by the federal institution of medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation; they are currently approved by Resolution No. 95 of February 20, 2006 (hereinafter referred to as Procedure No. 95). According to clause 7 of this procedure, depending on the degree of disability caused by a persistent disorder of body functions resulting from diseases, consequences of injuries or defects, a citizen recognized as disabled is assigned disability group I, II or III. Disability is determined by medical and social examination (hereinafter referred to as MSE), which is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical, functional, social, professional, labor, and psychological data of the person being examined using classifications and criteria developed and approved in accordance with the procedure , determined by the federal executive body authorized by the Government of the Russian Federation (Article 7 of Law No. 181-FZ).

Pay attention! The decision of the establishment of a medical and social examination is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership (Article 8 of Law No. 181-FZ).

In accordance with paragraph 36 of Order No. 95, a citizen recognized as disabled is issued a certificate confirming the fact of disability, indicating the disability group, as well as an individual rehabilitation program. The procedure for drawing up and the form of a certificate and an individual rehabilitation program (hereinafter referred to as the IRP) are approved by Order of the Ministry of Health and Social Development of the Russian Federation N 1031n.

From the above legislative norms it follows that to confirm disability, the employee must provide the following documents:

- certificate of medical and social examination. Having received a medical and social examination certificate from an employee, the employer must check the correctness of its execution, in particular the presence of all the necessary data. Pay special attention to the date the disability was established, its group, the period for which the disability was established, and the date of the next examination (if the disability was not established for an indefinite period);

Pay attention! According to paragraph 9 of Order No. 95, disability of group I is established for two years, groups II and III - for one year. At the next examination, an employee recognized as disabled receives a new certificate. However, he may not be recognized as disabled or his disability group may be changed.

— individual rehabilitation program for a disabled person. According to Art. 11 of Law N 181-FZ IPR of a disabled person - developed on the basis of a decision of the authorized body that manages federal institutions of medical and social expertise, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities.

It should be noted that, according to the provisions of Art. 11 of Law N 181-FZ IPR is mandatory for execution by relevant government bodies, local government bodies, as well as organizations (including employers) regardless of organizational and legal forms and forms of ownership. At the same time, the disabled employee himself can refuse the IPR as a whole or the implementation of its individual parts. In this case, the employer is not responsible for its implementation (paragraph 7, article 11 of Law No. 181-FZ).

These documents contain mandatory data for the employer on the restrictions on work required for the employee.

Next, we will consider in detail the actions of the employer depending on the disability group assigned to the employee. According to paragraphs. “g” clause 6 of the Classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 N 1013n (hereinafter referred to as Order N 1013n), ability to work - ability carry out labor activities in accordance with the requirements for the content, volume, quality and conditions of work - depends on establishing the degree:

- 1st degree - the ability to perform labor activities in normal working conditions with a decrease in qualifications, severity, intensity and (or) a decrease in the volume of work, inability to continue working in the main profession while maintaining the ability to perform labor activities of a lower qualification under normal working conditions;

— 2nd — the ability to perform labor activities in specially created conditions using auxiliary technical means;

— 3rd — the ability to perform labor activity with significant assistance from other persons or the impossibility (contraindication) of its implementation due to existing limitations in life activity.

Pay attention! On March 27, 2012, the changes introduced by Order No. 60n to Order No. 1013n came into effect. According to these changes, the 3rd degree of restriction may indicate both the complete impossibility (contraindication) of performing work, and the ability to perform certain types of work with the help of other people. Previously, this degree meant that the employee could not work. Thus, if an employee is assigned a 3rd degree of restriction, the employer’s further actions will depend on the information specified in the IPR.

The employee was assigned disability group I (with the ability to work at the 3rd degree). This means that he is no longer able to work. Then the employer can terminate the employment contract on the grounds provided for in paragraph 5 of Part 1 of Art. 83 of the Labor Code of the Russian Federation - recognition of an employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In this case, the employee is paid severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation).

The employee should be dismissed on the day the employer submits a certificate of disability, according to which the employee is recognized as incapable of work. The employer must draw up an order in the T-8 or T-8a form or a free one and present it to the employee against signature. Here is a fragment of the dismissal order.

Order to terminate an employment contract

with an employee in connection with his recognition as incapacitated

Due to the recognition of the employee as completely incapable of work

Activities in accordance with a medical report (clause 5, part 1, article 83

──────────────────────────────

(grounds for termination)

employment contract (dismissal))

Basis (document, number, date): certificate of disability

────────────────────────────────────

series ITU-2013 N 00133 dated November 19, 2013

────────────────────────────────────

(employee statement, memo,

medical report, etc.)

Supervisor

Organizations: Chief physician Zaletneva E. G. Zaletneva

──────────── ──────────────── ─────────────────────

(position) (personal signature) (signature transcript)

The employee was familiarized with the order (instruction) on November 20, 2013. Zolotova

──────────────

(personal signature)

If a disabled employee can work, but only with the help of other persons, the employer should act in accordance with the recommendations in the IPR (for example, ensure a transition to home work).

The employee was assigned disability group II or III. If he does not want to work, he must submit a resignation letter of his own free will (Article 80 of the Labor Code of the Russian Federation), since he has a so-called working disability group. In this situation, dismissal can also be formalized by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). No severance pay is provided to such an employee.

If a disabled employee wishes to continue working, the employer should familiarize himself with the working conditions that are recommended for such an employee in the individual rehabilitation program. What the employer should do next depends on what exactly is specified in the IPR. There are options here.

The conditions in which the employee worked before the onset of disability fully comply with the expert recommendations set out in the IPR. In this case, there is no need to change anything; the employee will do the same work.

If the conditions in which the employee worked do not comply with the recommendations of the IPR, then according to Art. 224 of the Labor Code of the Russian Federation, the employer is obliged to create working conditions for a disabled person in accordance with an individual rehabilitation program.

Pay attention! According to Art. 23 of Law N 181-FZ, disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for the disabled person. At the same time, it is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (wages, working hours and rest periods, the duration of annual and additional paid leave, etc.), which worsen the situation of disabled people in comparison with other employees.

If, according to the recommendations of the IPR, a disabled employee needs to change working conditions without changing any terms of the employment contract, then the employer needs to reconsider the conditions in which he works, the methods of performing work, or reduce labor standards - production, service, if they are established.

FYI. Currently, there are Hygienic requirements for working conditions for people with disabilities (Sanitary rules SP 2.2.9.2510-09), approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 N 30. These are mandatory requirements for working conditions, production processes, equipment, and main workplaces. , production environment, raw materials, medical care and sanitary provision for working disabled people in order to protect their health.

If, according to the recommendations of the IPR, a disabled employee needs to change the terms of the employment contract (it may be necessary to transfer him to another job), then the employer must record all these changes in the employment contract.

According to Art. 73 of the Labor Code of the Russian Federation, an employee who needs to be transferred to another job in accordance with a medical report, the employer is obliged to transfer to another available job that is not contraindicated for the employee for health reasons, but only with his written consent.

The transfer proposal, as well as the employee’s consent or disagreement, should be formalized arbitrarily. Typically, the employee registers agreement or disagreement (refusal) on the proposal itself. Here is an example of a translation proposal.

Nizhny Novgorod November 20, 2013

Proposal No. 7

about transfer to another job

Dear Tatyana Nikolaevna!

In accordance with Part 1 of Art. 73 of the Labor Code of the Russian Federation, on the basis of a medical report series ITU-2013 N 123456 dated November 20, 2013 and the recommendations set out in the individual rehabilitation program for a disabled person dated November 20, 2013, you are subject to transfer to another job that is not contraindicated for you due to health reasons. We notify you that you have the right to:

- agree to the transfer to another job. Today there are the following vacancies: registrar - salary 4,500 rubles, laboratory assistant - salary 5,500 rubles. If you agree, you will be able to continue working in the organization on the terms determined by the agreement to change the terms of the employment contract previously concluded with you No. 23/k dated 05/12/2006;

- refuse to transfer to another job. In case of refusal, you are subject to dismissal in the manner provided for in clause 8, part 1, art. 77 Labor Code of the Russian Federation.

We draw your attention to the fact that when transferring an employee who, in accordance with a medical certificate, needs to be provided with another job, to another lower-paid job with a given employer, he retains the average earnings for his previous job for one month from the date of transfer, and when transferring due to with a work injury, occupational disease or other work-related health damage - until a permanent loss of professional ability to work is established or until the employee recovers.

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his place of work (position). ). During the period of suspension from work, the employee's salary is not accrued (except for cases provided for by the Labor Code, other federal laws, collective agreements, agreements, and employment contracts).

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have a suitable job, the employment contract is terminated under clause 8 of Part 1 of Art. 77 Labor Code of the Russian Federation. Upon dismissal on this basis, it is necessary to pay the employee severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation).

Let us note that the employment contract with the heads of organizations (branches, representative offices or other separate structural units), their deputies and chief accountants who, in accordance with a medical report, require a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the appropriate work is also terminated according to clause 8, part 1, art. 77 Labor Code of the Russian Federation. In this case, the employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages to these employees are not accrued, except in cases provided for by the Labor Code, other federal laws, collective agreements, agreements, and employment contracts.

What benefits are available to an employee who has become disabled?

Labor legislation establishes benefits and guarantees for disabled employees:

- reduced working hours. According to Art. 94 of the Labor Code of the Russian Federation, the duration of daily work (shift) for disabled people is established in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. However, it should be remembered that, regardless of the medical report, for workers who are disabled people of group I or II, a reduced working time is established - no more than 35 hours per week (Article 92 of the Labor Code of the Russian Federation). Remember that the reduced working hours established by law for disabled workers is the full standard of work for them and therefore does not entail a reduction in wages. For employees who are required by law to have reduced working hours while maintaining full wages, various incentive bonuses must also be paid in full. Such clarifications are presented in letters of the Federal Tax Service of the Russian Federation dated August 31, 2010 N ШС-37-3/10304@, the Ministry of Health and Social Development of the Russian Federation dated May 11, 2006 N 12918/МЗ-14;

— restriction of work at night. According to Art. 96 of the Labor Code of the Russian Federation, disabled people can be involved in night work only with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night;

— limitation of overtime work. By virtue of Art. 99 of the Labor Code of the Russian Federation, the involvement of disabled people in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In addition, disabled people must be informed, upon signature, of their right to refuse overtime work;

— restriction of work on weekends and non-working holidays. The involvement of disabled people on these days is carried out only with their written consent and provided that such work is not prohibited for them due to health reasons (Article 113 of the Labor Code of the Russian Federation);

- extended annual leave. In accordance with Art. 115 of the Labor Code of the Russian Federation, the total duration of the annual basic paid leave is 28 calendar days. This article states that annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with the Labor Code and other federal laws. According to Art. 23 of Law N 181-FZ, disabled people are granted annual leave of at least 30 calendar days;

- additional leave without pay. Article 128 of the Labor Code of the Russian Federation provides that for family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. However, this article establishes that the employer is obliged to provide disabled workers, on the basis of their written application, leave without pay for up to 60 calendar days per year.

Recently, more and more people are turning to a doctor with serious health problems, but few people know that most chronic pathologies require registration of disability. Disability is a certain condition of a person who has some limitations in physical capabilities, mental or psychological deviations. But who can confirm this, what degrees of disability exist and what can a person who has received the status of a disabled person count on? Let's understand in our article.

Passing the examination

A medical and social examination is a commission of several people that meets to determine the degree of disability, taking into account the general condition of the person and the presence of any abnormalities that prevent the body from functioning normally. After passing the commission, everyone who applies to the commission receives a document that confirms that the patient has manifestations of limitations for leading a normal lifestyle.

Only with this document in hand does a person have the opportunity to be assigned one of the disability groups. It is given only on the basis of an examination, and all deviations that imply restrictions on the normal functioning of the human body are mainly associated with serious diseases or injuries received at birth or throughout life. But what degrees of disability can a person expect? Who is eligible for disability?

Classification and features of disability groups

Thanks to the classifier of disability groups, it is possible to accurately determine the factor limiting the life activity of a disabled person. As mentioned earlier, only the commission has the right to declare a person incompetent and gives him a certain degree of disability. All disorders in human health can be divided into the following groups:

  • Statodynamic - impaired motor abilities, for example, limited movements of the head, body, limbs and problems with coordination.
  • Mental disorders, which are characterized by the inability to remember, perceive the surrounding reality, and lack of sound thinking.
  • Speech – stuttering, difficulty learning writing techniques, presence of verbal or non-verbal speech.
  • Problems in the functioning of the hematopoietic system, metabolic processes, malfunctions in the digestive system or respiratory system.
  • Physical deformity is severe changes in the configuration of the body or its individual parts. This also includes pathologies such as the presence of holes in the respiratory, digestive, urinary system, as well as unacceptable body size, which can have a detrimental effect on health.
  • Sensory – This category includes people with poor hearing, vision, smell and abnormal sensitivity to temperature and pain.

Anyone who has one or more of these changes in the body must immediately be sent to a commission that will determine disability. The degree of limitation of the ability to work for each individual patient is determined individually depending on his diseases and disorders. You can't lump everyone with the same brush.

Causes of disability

Very often, many patients have heard this formulation, which asserts the fact of assigning a degree of disability according to one of the forms of a general disease. But for most patients, such a conclusion does not raise questions, but there are a number of reasons that few people know about that fit this formulation - establishing disability status based on the form of a general disease. These include:

  • Injuries acquired in the workplace that resulted in serious defects.
  • Occupational illnesses.
  • Birth defects.
  • Pathologies, wounds and injuries received during service in the armed forces.
  • Diseases caused by the Chernobyl accident.

All people who have been injured or belong to one of the categories have the full right to receive the status of a disabled person of a certain group. But what degrees and groups of disabilities exist?

First disability group

The first group is considered one of the most difficult degrees of disability. People with significant impairments in the functionality of the body can count on it - the highest degree of difficulty in movement, communication, learning and the inability to control their actions. A person faces serious limitations in his life activities; he does not have the opportunity to take care of himself, which leads to the fact that he must constantly be looked after. Disability group (1st degree) provides for the provision of everyday functions that are vital. Such people are only to a small extent capable of self-care.

Disabled people of the first group are mostly unable to work, but there are also those who can work - these are blind or deaf-mute. In most cities, special societies have been opened that create special working conditions for people with first-degree disabilities. People who cannot use their lower limbs are able to perform certain types of work while sitting, and most often they work at home.

Disabled people of the second group

The second group is for people with minor impairments in the functioning of the body. They can take care of themselves and do not require constant supervision. This category may include people with a height of less than 150 cm or those who do not have first fingers.

The second group, the second degree of disability, is reserved for people who have the following pathologies: skull defect, paralysis, serious consequences after injuries, congenital pathologies. The second group is assigned to disabled children for the duration of their training, after which a certificate is issued stating that the person is fit for work.

People belonging to the second disability group are able to work, but only if their working day is shortened, additional breaks are provided, and the production rate is significantly reduced.

If we comprehensively evaluate all indicators, then the main categories of life activity can be divided into three degrees:

  1. 1st, 2nd degree (serious disability) - this is when a person has the opportunity to serve himself independently, while spending a lot of time, and to reduce the volume he cannot do without the help of technical means.
  2. 3rd degree - a person practically cannot take care of himself, he needs outside help.

Disabled people of the third group

People who have been given the third disability group have moderate impairments in the functioning of one or another organ - this could be deafness, inability to navigate, or paralysis of the hands. As a disability of the third group, a limitation of the 1st degree provides for disturbances in the functioning of the body as a result of diseases, birth defects or injuries received during life. The result of such ailments can be a moderately severe limitation in ability to work.

People with the third degree of disability can take care of themselves and they do not have such dependence on others, but the help of social workers is still necessary.

It is also worth saying that in a comprehensive assessment of certain indicators that characterize disturbances in the functioning of the human body, four main degrees of disability are distinguished:

  • 1st degree – these are minor disruptions in the functioning of the body.
  • 2nd degree – disturbances manifest themselves moderately.
  • 3rd degree - all violations are of a pronounced nature.
  • 4th degree of disability is serious disruptions in the functioning of the whole organism, which are very pronounced and cannot be ignored.

For how long is the disabled status granted, re-examination

After the ITU commission has recognized a person as disabled, it issues him a corresponding document with a seal. The patient receives a rehabilitation program and a certificate of assignment of one or another degree of disability. Three days after the disability is assigned, an extract from the minutes of the commission meeting is sent to the local Pension Fund. The 1st disability group is assigned to a person for a period of 24 months, and the second and third – for a year.

As for disability for a child, in this case the period for assigning status can be from one year until he turns 18 years old. Lifelong disability can be established in some cases if it is not possible to reduce the degree or eliminate restrictions on a person’s life activity that were caused by serious morphological changes or disturbances in the functioning of body systems.

That is why, in order to monitor the health of the patient and the working capacity of the disabled person, regular re-examination is carried out. Those patients who were given an indefinite group may also be sent back to the commission at their own request or on the recommendation of their attending physician. Every disabled person has the right to receive financial assistance from the state; for each individual degree of disability, it is determined individually.

Financial support for people with disabilities

The main way to ensure the life of disabled people is a pension. To get it, you need to pass the ITU and receive one of three disability groups. A labor disability pension is a payment made once a month, which is assigned to those who have limitations in their work activities to compensate them for lost earnings.

If the disability was received due to a general illness acquired during life, then in this case, to assign a pension, the total length of work experience with a certain duration is taken into account. Those who were injured in childhood, even before the person turned 20 years old, are assigned a financial benefit, which in no way depends on work experience. If the second group, the second degree of disability was given due to an illness acquired during the performance of professional duties, then in this case a pension is assigned regardless of work experience.

For military personnel, a monthly payment is assigned if the grounds for receiving a disability group appeared during service or no later than three months after its end. Also, a military pension can be established if a person’s disability was assigned quite a long time after dismissal. In this case, the main thing is that the injury or illness that caused the disability was acquired during the period of service.

Using the example of patients with coxarthrosis of the hip joint, let us consider what disability group is assigned and how to register it correctly.

Disability due to coxarthrosis

Coxarthrosis of the hip joint is a serious pathology that to some extent limits a person’s mobility, in this case the patient has every right to apply to the commission and receive group 3 disability, 1st degree limitation or any other, depending on the severity of the disease and its accompanying pathologies . The main criterion for registering disability is the inability of a disabled person to independently perform certain household operations and go to work. As a result, a person loses the ability to provide for himself independently and for this reason he is assigned a monthly disability benefit. But what degree of disability can a person be given for coxarthrosis and what will he need for this?

In order to obtain disability, first of all you need to visit your doctor, who will present all the necessary documents and a referral to the ITU. If the commission makes a positive decision, then in this case the person is assigned one or another degree of disability. But what disability group can a person be given in this case?

Most often, with such a disease, the patient is given a disability of the 3rd group, a restriction of the 1st degree, because the patient is able to take care of himself, although he spends a lot of time on it. It is possible to get a second group, but it will be much more difficult. At the same time, it will be necessary to regularly confirm the presence of the disease according to the established schedule, but if a person does not appear at the commission at least once, then the disability group will be removed and it will be even more difficult to return it.

Such measures are explained by the emergence of new unique technologies that allow a person with coxarthrosis to undergo a surgical procedure and replace the diseased joint with an artificial one.

If the patient was given a degree of disability of 3, a degree of limitation of 1, then after the operation it can be taken away, and if the surgical intervention does not help, the second group can also be given.

But the presence of one degree or another of the disease does not give a person the right to automatically receive disability; only a commission, having examined all the documents that confirm the presence of pathology and deformation in the joint, will be able to assign the status of a disabled person or not. Thanks to modern diagnostic techniques, today this has become much easier and faster. It will be enough to provide the commission with an x-ray that confirms the presence of joint pathology and the results of arthroscopy. After studying the documents, which also confirm the fact that the patient cannot independently care for himself and has limitations in his ability to work, the commission makes a decision and assigns a disability of the second or third degree.

In cases where the complexity of the disease is not too high and the patient does not feel any special problems, he does not have major restrictions in movement, and he can go to work or do it at home, then he may be denied disability status. In the same cases, if the inflammatory process in the joint proceeds at a moderate pace and the patient has a history of a diagnosis of stage 3 coxarthrosis, then the patient has the right to receive group 3 disability. This usually applies to those people in whom the pathology was identified quite recently.

In cases where the disease has led to the patient experiencing shortening of the lower limb, the patient may qualify not for the third group, but for the second. But, as practice has shown, this only happens if the leg is shortened by 7 centimeters or more. But the first group can only be received by people who suffer from deforming arthrosis and are unable to move without a wheelchair. Most often, with such a diagnosis, they give a degree of disability of 3, a degree of limitation of 1, and then only for a period of one year, and then it is removed, since surgical intervention is prescribed, allowing the patient to forget about the disease and begin to live a full life.

But not only adults with certain diseases can receive disabled status; there is also a category - disabled children.

Disabled children

Even children can be given a disability, and the category of disabled child is assigned to those who have not reached the age of majority and have limitations as a result of congenital injury or acquired pathology. Receiving serious injuries that resulted in difficulties with independent movement and self-care, inability to fully study, control one’s behavior, and concentrate is also grounds for receiving a degree of disability.

To obtain the status of a disabled person for a child, you must also contact the ITU commission, which not only determines the degree of disability, but also gives certain recommendations on training, place of detention, the need for technical means to ensure optimal conditions for normal life activities, and prescribes a rehabilitation program.

Special education teachers must constantly work with disabled children, teaching them all the necessary skills that allow them to better adapt among their peers. They prepare the child for further education, relying on preserved body functions. But we can say for sure that in our modern times, disability is not a death sentence. Today everyone is calling for everyone to treat people with disabilities with loyalty. Many new programs are being developed that allow people with problems to improve the quality of their life; they have the opportunity to start a new life and not pay attention to their status.

Healthy people must take into account the fact that a person did not become disabled of his own free will and, if possible, help him in any way they can. Today, the state has developed a number of social support measures that allow a disabled person not only to live a full life, but also not to deny himself anything. Today such a person has the right:

  • Receive financial monthly support from the state.
  • He has a benefit for utility bills.
  • For free accommodation and treatment in specialized sanatoriums.
  • To pay for travel to the place of rehabilitation and treatment.
  • To receive a quota in monetary terms for treatment and diagnosis.
  • Have shorter hours if the group allows the person to work.

It is worth remembering that disability is not a death sentence, and every person with disabilities can live a full life and not deny themselves the joys. You should not isolate yourself and consider yourself flawed and inferior; it is still unknown who has lost and who has gained in this life, because, as practice proves, most disabled people achieve a lot in life and the presence of such a status is not at all an obstacle to achieving great results .

Hello, Svetlana!

I found this article after reading my colleagues’ answers and your comments.

I don’t know if it will help or not, but still...:

The employee has been assigned disability group I, the degree of limitation of ability to work is the third. At the same time, the individual rehabilitation program for a disabled person does not indicate that he cannot work. Is it legal to terminate an employment contract under clause 5, part 1, art. 83 Labor Code of the Russian Federation? How is the complete restriction of work activity recorded in the IPR (IPRA)?

Termination of an employment contract under clause 5, part 1, art. 83 of the Labor Code of the Russian Federation with an employee who has been assigned disability group I, the degree of limitation of the ability to work is the third, it will be legal if the IPR (IPRA) states that the employee is not capable of work (work is contraindicated). The IPR (IPRA) must make an appropriate note about the degree of limitation in the column “Ability to work,” and the section “Measures for professional rehabilitation and habilitation” must contain a conclusion about the types and severity of persistent impairments in the functions of the human body. Rationale: Recognizing an employee as completely incapable of working is the basis for terminating an employment contract with him under clause 5, part 1, art. 83 of the Labor Code of the Russian Federation, provided that the employee has completely lost the ability to work and this fact is established by a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. The classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination are approved by Order of the Ministry of Labor of Russia dated December 17, 2015 N 1024n (hereinafter referred to as Classifications and Criteria). The criterion for establishing disability for a person aged 18 years and older is a health disorder with a second or more severe degree of persistent impairment of the functions of the human body (ranging from 40 to 100 percent), caused by diseases, consequences of injuries or defects, leading to a limitation of the second or third the degree of severity of one of the main categories of human life activity or the first degree of severity of limitations of two or more categories of human life activity in their various combinations that determine the need for his social protection (clause 8 of the Classifications and Criteria). In accordance with clause 10 of the Classifications and Criteria, the criterion for establishing disability group I is a human health disorder with the fourth degree of severity of persistent impairment of the functions of the human body (ranging from 90 to 100 percent), caused by diseases, consequences of injuries or defects. The ability to work is the ability to carry out work activities in accordance with the requirements for the content, volume, quality and conditions of work. The third degree of limitation of the ability to work is the ability to perform basic work activities with significant help from other persons or the impossibility (contraindication) of its implementation due to existing significantly expressed impairments of body functions (clauses "g" clause 6 of Classifications and Criteria). From these provisions it follows that the third degree of limitation of the ability to work does not mean that the employee is definitely unable to work. The fact of complete loss of professional ability to work must be confirmed in the IPR (individual rehabilitation program), the new form of which was approved by Order of the Ministry of Labor of Russia dated June 13, 2017 N 486n “On approval of the Procedure for the development and implementation of an individual rehabilitation or habilitation program for a disabled person, an individual rehabilitation or habilitation program for a child - disabled person, issued by federal state institutions of medical and social examination, and their forms" (hereinafter referred to as Order No. 486n). In this form, an appropriate note must be made on the degree of limitation in the column “Ability to work” (clause 21 of Appendix No. 2 to Order No. 486n), and also in the section “Measures for professional rehabilitation or habilitation” there must be a conclusion on the types and extent the severity of persistent dysfunctions of the human body, in accordance with which recommendations are indicated for equipping a special workplace for employing a disabled person. An individual rehabilitation program for a disabled person is developed for a period corresponding to the period of the established disability group (clause 8 of the Procedure for the development and implementation of an individual rehabilitation or habilitation program for a disabled person and an individual rehabilitation or habilitation program for a disabled child, issued by federal state institutions of medical and social expertise (Appendix No. 1 to Order No. 486n)), or an entry is made: “Indefinitely” (clause 18.4 of Appendix No. 2 to Order No. 486n). Thus, indicating in the IPR (IPRA) only the third degree of limitation of the ability to work, in our opinion, is not enough to consider the employee completely incapable of work, since this degree still presupposes the ability of a disabled person to perform basic work activities with significant the help of others. The IPR (IPRA) should have indicated that the employee is completely incapable of working. Consequently, an employment contract with an employee who has been diagnosed with group I disability with a third degree of limited ability to work is terminated under clause 5, part 1, art. 83 of the Labor Code of the Russian Federation, if the IPR (IPRA) states that the employee is not capable of working (work is contraindicated).

The employee brought a certificate of incapacity for work, closed on December 17. On December 18, he was assigned disability group II. We asked him to also bring an individual rehabilitation program (IRP) in order to understand whether this group is working. But the employee claims that now all the groups are working and that they will not give him IPR. Should the employee be given a shortened 35-hour work week and given two additional days of vacation? What other documents, besides a certificate of disability, can we require from him? What code should I use to indicate December 18 (the day of disability assignment) in the time sheet?

SHORTER WORKWEEK AND EXTENDED HOLIDAY

Annual leave of at least 30 calendar days is established for disabled people of all groups, and reduced working hours (no more than 35 hours per week) with full pay- employees who are disabled people of group I or II (Article 92 of the Labor Code of the Russian Federation, Article 23 of Federal Law No. 181-FZ dated November 24, 1995 “On the social protection of disabled people in the Russian Federation,” as amended on December 30, 2012). Since your employee is a group II disabled person, he is entitled to these benefits.

WHAT DOCUMENTS TO REQUIRE

An employer may require an individual rehabilitation program for a disabled person (IRP) from an employee, which he may not submit, since he is not obliged to do so. However, already on the basis of a certificate confirming the fact of disability, the employer can draw the appropriate conclusions and take the right steps.

The establishment of one of the three groups of disability is associated with the presence of persistent impairments in body functions and limitations in the main categories of life activity of certain degrees of severity (complete or partial loss of the ability or ability to carry out self-care, move independently, navigate, communicate, control one’s behavior, study or engage in work ) and indicates the need for social protection measures, including rehabilitation.

According to clause 9 of the Classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination (approved by Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1013n, as amended on January 26, 2012; hereinafter referred to as the Criteria), the criterion for establishing disability group II is a violation of a person’s health with a persistent severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of one of the following categories of life activity or a combination of them and causing the need for his social protection:

  • self-service abilities of the second degree;
  • mobility ability of the second degree;
  • orientation abilities of the second degree;
  • communication abilities of the second degree;
  • ability to control one's behavior to the second degree;
  • second degree learning abilities;
  • second degree ability to work.

Ability to work- the ability to carry out work activities in accordance with the requirements for the content, volume, quality and conditions of work (sub-clause “g”, clause 6 of the Criteria):

  • 1st degree - the ability to perform work activities in normal working conditions with a decrease in qualifications, severity, intensity and (or) a decrease in the amount of work, inability to continue working in the main profession while maintaining the ability to perform work activities of a lower qualification under normal working conditions;
  • 2nd degree - ability to perform work activities in specially created conditions using auxiliary technical means;
  • 3rd degree - the ability to perform labor activity with significant assistance from other persons or the impossibility (contraindication) of its implementation due to existing limitations in life activity.

Thus, even without studying the IPR, one can understand that a disabled person requires the creation of a special workplace due to restrictions for medical reasons. However, what exactly the features should be can only be learned from this document.

In the case under consideration, the employee is right: the legislation does not categorically prohibit the work of disabled people. A disabled person can perform a labor function, but only under certain conditions.

DAY OF ASSIGNMENT OF DISABILITY IN THE WORKING TIME CARD

In the working time sheet, the day of assignment of disability (December 18) is taken into account as a working day (if it was a working day for the employee).

If you do not have time to fully formalize the change in work schedule by the end of the day and make this day shortened by one hour (7 hours X 5 days = 35 hours), then the next working day should be 2 hours shorter. This will not be a violation of the law, since it establishes a requirement for a shortened week, and not a working day. You can also establish one full additional non-working day for a disabled person per week, if all other days he works a full shift, or another work schedule convenient for both parties.