It becomes more and more difficult every year to obtain or extend a disability group without a bribe. MSEC mock and humiliate disabled people with impunity, including disabled children, unjustified removal of disability, bribes Registration of disability: grounds and pros

How to apply for disabilitya question that requires clarification, since, despite clear instructions from the legislation in this regard, difficulties in implementing the procedure are inevitable. How to apply for disability, where to apply, what documents to collect - the answers to these and related questions are contained in this article.

Registration of disability: grounds and procedure

The procedure for registering disability is regulated by the rules approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95 (hereinafter referred to as the Rules). By virtue of clause 2 of the Rules, recognition of a citizen as disabled is possible only on the basis of the conclusion of a medical and social examination (MSE).

How to get to ITU

If there is a disease, injury or health disorder of another kind that does not allow a citizen to live fully, that is, to independently care for himself, move, study, control behavior, etc., 3 types of organizations can provide a referral to MSE:

  • medical institution (usually a district or city clinic at the patient’s place of residence);
  • territorial division of the Pension Fund of the Russian Federation;
  • social protection body.

Important! The last 2 authorities will give a referral only if there is an appropriate conclusion from a doctor or a group of doctors of narrow medical specialties confirming the grounds for obtaining disability.

Disability registration procedure

Before receiving a disability certificate, you must complete a number of mandatory actions. If the patient cannot independently visit all authorities, this can be done by his legal representative on the basis of a notarized power of attorney or, in the case of incapacitated citizens, an appropriate court decision.

1. Medical examination.

As a rule, you have to visit several specialists, since most diseases are treated by a number of doctors together. For example, in case of pathologies of the musculoskeletal system, consultations with an orthopedist, surgeon, neurologist, and in some cases a neurosurgeon, etc. are necessary.

Depending on the results of the examination, 2 scenarios are possible:

  • providing referral to ITU;
  • refusal to provide such a referral.

Important! According to clause 19 of the Rules, in case of refusal to be referred to the ITU, the patient is provided with a certificate, attaching which he has the right to independently apply to the ITU bureau with an application to conduct an examination in relation to him.

2. Collection of documents.

The documents that need to be submitted to the ITU Bureau are listed in paragraphs. 28, 31, 34-37 of the Administrative Regulations, approved by order of the Ministry of Labor of Russia dated January 29, 2014 No. 59n:

  • passport (for children under 14 years old - birth certificate);
  • application for ITU;
  • a referral to ITU in form 088/u-06 (or a certificate of refusal to issue such a referral).

Foreigners and refugees must submit documents confirming their status (refugee certificate, forced migrant, etc.), as well as the right to reside in Russia (residence permit, temporary residence permit, etc.).

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In addition, depending on the reasons that led to the health disorder, additional documents may be required. For example, an industrial accident report, a conclusion from the Military Medical Commission (military medical commission), etc.

Important! Bureau employees do not have the right to demand documents from the patient that are not provided for by the Administrative Regulations. This list is intended to be exhaustive and therefore no additions are permitted.

Documents can be brought in person on paper or sent electronically using the government services portal. When choosing the latter method, the application must be certified with an electronic signature, and the original must be submitted to the bureau within 10 days.

3. Passing the commission.

The date for the ITU is set within 30 days from the date of receipt of documents. If, due to health conditions, the patient cannot appear in person at the office, this should be noted in the application, indicating the need to organize an on-site examination at home.

The procedure for undergoing medical examination is nothing more than a medical examination with the participation of all necessary specialists. Additional testing, such as laboratory or clinical tests, may be possible.

The ITU result suggests 2 options:

  • recognition as a disabled person with the issuance of a certificate indicating the disability group, the grounds for its assignment and the date of the next medical examination;
  • refusal to recognize a person as disabled (at the patient’s request, a certificate of the results of the medical examination can be provided).

Features of registration of disability in oncology

Registration of disability for oncology has some features. The list of documents and stages of the procedure are the same, but the obligatory condition is to be on sick leave for at least 4 months. Moreover, if the state of health allows, the patient has the right to continue working.

The grounds for referring a cancer patient to MSE arise immediately after the diagnosis of a malignant tumor, regardless of the stage of the disease and the presence or absence of indications for surgical treatment.

How to apply for disability for a child

The legislation does not distinguish between a disabled adult and a child in terms of the procedure for registering disability. The procedure for sending to ITU and the list of documents are absolutely identical.

In this case, the application for MSA is written by one of the parents, providing his passport as a document confirming the relationship.

However, there is still one caveat: at the stage of the medical examination, a reference from a school or other educational institution will almost certainly be required (if the child is studying). It is better to take care of this in advance. If we are talking about a mental disorder or genetic abnormalities, the educational institution may refuse to indicate information about the child’s mental state in the characteristics (medical confidentiality also applies to teachers). To resolve the problem, a request from the attending physician is sufficient. However, such a request must be formalized accordingly, and this will take some time.

The process of registering a disability cannot be called pleasant and easy. In our country, people have to confirm for a long time with various certificates even such obvious things as disability of the first or second group.

But you have to overcome the barrier of your own inferiority and document the assignment of disability in order to have the right to preferential medical services, an increased pension and additional social benefits in the future. To save time and nerves, you need to know the basic nuances of registering a disability.

Disability is usually called a persistent, long-term or permanent impairment of socialization and ability to work, which is caused by a congenital or acquired disease, injury or injury.

The right to be considered disabled is given by severe physical impairments. But not all sick people are entitled to this status and receive the corresponding benefits.

Official registration of disability is available only when the disease is a serious obstacle to work activity. This term includes legal and social concepts. Official assignment of the status of a disabled person may entail a change in working conditions or termination of work, as well as the appointment of state social security in various forms.

The Russian Ministry of Health has established certain criteria and classifications on which the recognition of a person as disabled is based. Some suffer from serious illnesses and believe that they are entitled to Social Security disability benefits, but do not take any action to officially prove this. But personal opinion alone is not enough.

The main criterion is the presence of persistent pathology that limits the normal life activities (work activities, independent movement) of people.

A person can be advised to register a disability by a medical specialist who realistically assesses the patient’s health and capabilities. For example, the reason for obtaining the above status is a stroke. The disability group will depend on the severity of the disease and its consequences.

The reason for ordering a medical examination will be:

  • Loss of ability to work.
  • Restriction of certain body functions (speech, movement).

Some people associatively believe that myocardial infarction is always a reason for assigning a disability group. But this is not the case if the patient has fully recovered and can continue working. True, a lot here depends on the type of occupation. If it involves excessive physical exertion, this fact will be taken into account when conducting a medical and social examination.

The assignment of disability for cancer is a controversial issue. For example, skin cancer is not such a serious illness, since it does not interfere with the continuation of work. The only diseases for which a lifelong disability group is given are tumors of the brain and spinal cord, and leukemia.

As for amputation of limbs, there are some nuances here too. When determining a person's eligibility for disability benefits, factors such as:

  • Condition of the stump.
  • Cause of limb loss.
  • Age.
  • Profession.
  • What part of the limb was amputated?

Serious visual impairment or complete loss of vision necessarily entails the assignment of disability. The group will depend on the degree of visual impairment.

Mental disorders belong to a separate category of diseases, upon diagnosis of which a person receives a disability group:

  • Mild forms of mental disorders are the first group.
  • Seizures and dementia are the second group.
  • The patient is unable to assess himself adequately and lead a normal life - the first group is assigned.

To obtain the status of a disabled person, a person must apply to the bureau for a medical and social examination at his place of registration. The patient can do this on the direction of a doctor or at his own discretion.

Required documents

You will need to provide the following documents:

  • Passport and its copy.
  • Medical record from the clinic.
  • Completed application.
  • Referral for examination.
  • Sick leave, if available.
  • Extracts of medical examinations performed.
  • A copy of the work record book or employment contract.
  • Certificates of injuries or chronic diseases, if any.

The entire package of documents is submitted to the bureau, after which you can expect an invitation for examination.

A bedridden patient is examined a little differently. He does not have the opportunity to come for an examination, so relatives can agree with the doctor to conduct an examination in an inpatient setting. There is an option to register disability in absentia by obtaining a power of attorney to perform such actions from the disabled person.

Procedure and procedure

The medical and social examination usually involves three representatives from the bureau. On the appointed day, the person is invited to the bureau. The examination itself includes:

  • Study of medical documents.
  • Examination of the patient.
  • Analysis of various (domestic, social, labor) living conditions of a citizen.

Based on the data received, experts render their verdict. To be assigned a disability, the following conditions must be met:

  • Limitation of life activity;
  • Need for rehabilitation;
  • Persistent pathological disorder of body functions.

A person can receive a disability group even if only two of the above conditions are met.

When conducting an examination, it is mandatory to keep a protocol. In some cases, a citizen is recognized as incapacitated without being assigned a disability. The commission’s conclusions are documented in the form of a report, which is given to the patient.

If a person is recognized as disabled, he must be assigned an individual rehabilitation program and issued the appropriate certificates. These documents are necessary for applying to the pension fund and social security authorities.

The result will be a disability pension and preferential payments.

Deadlines

The process of registering disability takes place in several stages. Collecting documents and going through medical specialists takes approximately 7-10 days.

The examination can be scheduled no later than one month after submitting the documents. However, there is always a possibility that additional examinations and supporting documents will be required. The decision to assign disability must be made on the day of the examination. If the outcome is positive, the necessary certificates and documents are issued within three days.

Registration of disability should not take more than two and a half months, taking into account all the nuances and possible problems.

It will take three to four months for a child to be assigned a disability. A medical and social examination is also carried out, to which the child’s attending physician must refer.

If we are talking about a child with Down syndrome, you will need to obtain a genetic examination. A corresponding entry is made in the outpatient card. The following documents must be submitted to the bureau:

  • A certificate certified by a doctor at the clinic.
  • Outpatient card from a medical institution for children.
  • Registration information.
  • Identity documents of the guardian or parents.
  • Application completed according to the form.
  • Passport or birth certificate of the child.

When assigning disability, a specific group is not assigned. The child is registered as disabled without any degree of severity. If we are talking about Down syndrome, disability is assigned for a period of eighteen years without the need for a re-examination.

Conditions for registering disability

Assignment of disability is carried out upon fulfillment of certain conditions depending on the group.

First group:

  • Loss of ability to work.
  • Lack of self-service capabilities.
  • The need for the constant presence of an assistant.

Second group:

  • Persistent disturbances of the vital functions of the body.
  • Lack of normal working capacity (inability to engage in work activities for a long time).
  • The need to provide specific working conditions.

Third group:

  • The creation of special working conditions is required.
  • Admission to previous work activities is prohibited due to the fact that harm to surrounding people may be caused.
  • Inability to work at the previous place of work and engage in one’s professional activities.

If it is necessary to assign a certain disability group to a person, the document must reflect the reason. Specialists must justify why a person received the first, second or third group. The justification for the reason must be detailed.

After a certain period of time, the patient will again have to undergo an examination to re-register the disability. The dates for re-examination are set by specialists from the medical and social bureau.

It is important not to be afraid of possible difficulties. If you clearly know all the rules, paperwork will not take much time, but will provide an opportunity to receive additional benefits and payments.

The Chairman of the Commission of the Public Chamber of the Russian Federation on Social Policy, Vladimir Slepak, turned to the Prosecutor General's Office on Monday with a request to conduct an audit of the Ministry of Labor, which reported that it was reducing the number of decisions to establish disability. Slepak notes that against this background, corruption is flourishing in the medical and social examination bureau (MSE), which makes decisions on establishing disability, as evidenced by numerous cases of criminal cases being initiated against bureau employees.

I have been trying to get disability for three years now. Despite medical reports, doctors’ certificates, and emergency room visit receipts, the ITU refuses me,” says 27-year-old Marina Sinyakova from Volgograd.

Until 2013, she worked as a security inspector in a prison, but one evening she was attacked in the entrance and beaten. What followed was a long treatment. Marina's diagnosis was venous angioma and focal epilepsy. The military commission ruled that Marina was unfit for service due to health reasons.

When I came to the ITU to register for disability, they told me that group II would cost 400 thousand rubles, because at work, when registering for disability, I had to pay insurance of 1.5 million rubles within a year. I refused. I’m ready to agree to Group III, but now they’re asking 100 thousand rubles for it, and I’m no longer entitled to any insurance,” says Marina.

She notes that she spends about 3 thousand rubles a month on pills and injections, but she cannot go to work because she periodically faints and can remain unconscious for one to five days.

The disability group would give her the right to receive free medicine and a pension of about 8 thousand rubles per month.

Borderline state

Andrei Karpenko, head of the Moscow branch of the Center for Medical Law, said that, while accompanying clients to the ITU, he repeatedly observed how the group was undervalued under any pretext.

If there is a borderline state between group III and the absence of disability, then they are inclined to not give the group. In fact, they are asking for bribes,” says Karpenko. He notes that the procedure for examining a patient by ITU experts is formal in nature and often consists only of measuring blood pressure, asking people to sit down and stand up, and counting the fingers shown by the doctor.

Appeals regarding extortion of money to ITU are the most frequent in our organization. At least four come every day,” says Alexander Saversky, president of the League of Patients.

In his opinion, transferring the functions of the medical and social examination bureau to medical commissions, which now issue referrals to the ITU, will help avoid corruption. Earlier, as Izvestia wrote, he sent his proposals to Deputy Prime Minister Olga Golodets. The response he received from the Department for Persons with Disabilities of the Ministry of Labor states that until 2005, while MSE were under the jurisdiction of the regions, due to the decentralization of management and weakening control over compliance with legislation, there was an intensive increase in the number of disabled people.

To change this trend, conducting medical and social examinations was classified as a federal mandate. As a result, the number of citizens who were diagnosed with disability for the first time decreased by half. Saversky sent this document to the Public Chamber of the Russian Federation.

Up to the point of dismissal

On April 18, the chairman of the social policy commission of the OP, Vladimir Slepak, turned to the Prosecutor General’s Office with a request to conduct an audit of the Ministry of Labor.

The answer received by Alexander Saversky from the Ministry of Labor goes beyond the scope of professional ethics. The question arises: what is a “massive unfounded decision” and how disinterested was it? The answer is quite simple, and it can only be associated with violation of the law and the creation of a stable system of corruption, which was confirmed by the situation in the Ulyanovsk region. There, on April 14, a criminal case was opened against the head of the Main Bureau of Medical and Social Expertise on suspicion of bribery.

Slepak notes that the Public Chamber receives numerous complaints from people about illegal refusals by the ITU to establish or extend disability, depriving them of the right to free medicine and benefits.

In addition to the Ulyanovsk story, there was recently a scandal in the Stavropol Territory. There, the former head of ITU is being tried on 50 episodes of abuse of power. According to Slepak, the facts of corruption indicate that changes are necessary in the system of work of the medical and social examination bureau.

“I advocate that decisions on establishing a disability group should be made by doctors who treat a person and are responsible for his health,” he says.

Representatives of the Ministry of Labor deny that the new ITU classifications and criteria have led to a sharp decrease in the number of disabled people. In fact, according to the department’s press service, this is happening due to disabled people of retirement age, who are becoming fewer every year, and due to a decrease in the number of citizens’ requests for disability determination. At the same time, the number of people who were rejected from the group remains at the same level and amounts to 15% of the number of applicants.

The Russian Ministry of Labor is working to prevent cases of corruption in medical and social examinations. This work includes objectification and clear regulation of the process of establishing disability. If cases of extortion are identified, then it is a matter of studying them by law enforcement agencies, comments the press service of the Ministry of Labor.

According to the department, when cases of corruption confirmed by law enforcement agencies are identified, disciplinary measures are taken at ITU, up to and including the dismissal of managers and chief experts in medical and social expertise.

The Ministry of Labor reported that in order to quickly collect information about the presence of possible facts of corruption, an electronic mailbox was created in 2014 [email protected], information about which should be posted on information stands in all medical and social examination institutions.

Corruption in the Bureau of Medical and Social Expertise

In 2016, a criminal case was opened in Ulyanovsk against the head of the Main Bureau of ITU for the Ulyanovsk Region of the Ministry of Labor and Social Protection of the Russian Federation, Nina Dolgopolova, who is suspected of bribery on a large scale.

In 2015, the Kuntsevo Interdistrict Prosecutor's Office of Moscow opened a criminal case against the Main Bureau of Medical and Social Expertise for the city of Moscow, which permanently assigned disability group II to a 54-year-old Muscovite who had no health problems.

In 2015, in Yevpatoria, the ITU bureau refused to establish disability group I for a disabled person of the Great Patriotic War born in 1925. It was possible to restore the right to receive a pension with the help of the prosecutor's office.

In 2014, the prosecutor's office of the Kostroma region restored the pension of a disabled person of group III, who had previously been denied disability status by the ITU.

In 2013, the Deputy Prosecutor of the Vologda Region approved the indictment in a criminal case against Dmitry Lobachev, a former doctor for medical and social examination of branch No. 14 of the State Budgetary Institution of Medical Examinations in the Vologda Region.

In 2013, the Plavsky District Court of the Tula Region passed a verdict against the former head of Bureau No. 25 - a branch of the Main Bureau of Medical and Social Expertise in the Tula Region, located in the city of Plavsk - 52-year-old Elena Bochkina, doctors for medical and social expertise 49-year-old Igor Bochkin and 52-year-old Raisa Znaiko. The court found them guilty of committing crimes under paragraph “a” of Part 5 of Art. 290 of the Criminal Code of the Russian Federation (“Taking a bribe”) and Part 1 of Art. 292 of the Criminal Code of the Russian Federation (“Official forgery”).

MSEC mock and humiliate people with disabilities, including disabled children, with impunity, unjustified removal of disability, demand money and how to deal with this? My child is diagnosed with a congenital malformation of the right upper limb with a sharp limitation of mobility in the elbow joint. A malformation of the right hand; after polydactyly surgery, a thumb with limited functions was formed. For 10 years my son had the status of a disabled child. MSEC took place almost every year (twice they were given for 2 years). Our problems began at the moment when our commission in the city of Zheleznodorozhny was closed. We were assigned to the MSEC bureau in Elektrostal. The child had a disability before October 1, 2010. In September I submitted the documents, and we were assigned MSEC for November 13th. Elektrostal MSEC has always been famous for its extortions. I didn’t give the money and the child’s disability was removed. We have filed an application to appeal this decision. All this has been going on for 6 months. The child lost his pension and all benefits for treatment, rehabilitation, education, and food. We have already been to the commissions 4 times and each time it is a humiliating examination and interrogation that brings the child to tears. When I tried to stop them, they told me: (I quote) “Mommy, shut your mouth and get out of the office!” They don’t give us any sensible explanations, just something like “let’s tell you a big secret - your doctors don’t understand anything - such a diagnosis is not on our list. Your child cannot be disabled, he’s a good student,” etc. WAITING FOR MONEY!! ! Now my son is undergoing treatment from a psychologist and a neurologist (he is restoring his nervous system). I wanted to give up this fight. But our doctors, Doctor of Medical Sciences, D.Yu. . Honored Doctor of the Russian Federation, Associate Professor V.I. Tarasov convinced me. Your child is 100% disabled. Our documents contain their medical reports and recommendations, but they don’t pay attention to them. Who is right – the “doctors” who organize tea parties in their offices. when disabled children or Doctors who perform unique operations are waiting in the corridor for an appointment (for example, separating Siamese twins Zita and Gita) To my words: “I will complain,” the MSEC doctors answer with a grin: “Yes, as much as you want and what you want will you achieve this? Now I am convinced that they are right. I wrote a complaint to the Ministry of Health and Social Development of the Russian Federation. I received a written response from the Department for Persons with Disabilities that they are not authorized to establish disability and prescribe decisions to the above-mentioned institutions. My complaints about bribes and boorish attitude were not noticed. Those. MTU can safely take bribes, but what if they are not allowed to bully people? Please tell me who to complain to, even if it’s useless here. And, after all, the Minister of Health T.A. Is Golikova trying to fight this or are these just her words and excuses? On March 15 we had another consultation. They didn’t give us an answer right away and only today, April 16, we received a letter from the Federal State Institution “GB ITU for the Moscow Region.” in which they report that there are no grounds for establishing the category of “disabled child”. I will again write an application to appeal this decision. What should I do and how to achieve the truth?

Response of the Ministry of Health of the Russian Federation to my complaint

In Kungur, a criminal investigation was conducted for a year against doctors from the Bureau of Medical and Social Expertise. For 20,000 rubles they were ready to recognize healthy people as disabled people of groups II and III. The Doctors' Case was brought to court

For six months, operatives observed the work of doctors from the Bureau of Medical and Social Expertise. Thanks to a hidden camera, several cases of them receiving bribes were recorded. VTEK doctors were ready to give a person II or III disability group for 20,000 rubles. The scheme for receiving bribes was invented by neurologist Natalya Dyakova. The first case on it was sent to court.

(operational video material) - You will only need to bring an application and you can go back to work.

(Vitaly Ignatenko, head of the interdistrict investigative department of the investigative department of the investigative committee) - In this situation, Dyakova herself personally filled out all the documents, because she had this right, and, as the investigation established, she brought these documents to the head of the ICE bureau for signature. He, trusting her brother-in-law, signed the documents without looking. As often happens. And accordingly, she misled him by this. With these false documents.

The false disabled people did not transfer the money personally to Dyakova, but first to a stranger, Oksana Semenishcheva, who took it to the head nurse, Natalya Rusinova. It has now been proven that neurologist Natalya Dyakova received 45,000 rubles. But these are only proven facts.

(operational video material) - So, group III is issued for a year. Now go to office 8, 3 or 8. You will get on the waiting list for the Rehabilitation Center, you have been discharged. There they will also tell you about the benefits for communal services. Go, then go to the pension fund - the calculation of pensions.

Thank you.

Please.

Thanks to bribe-taking doctors, it is known that falsely disabled people entered government-funded places in higher educational institutions, evaded military service... Natalya Dyakova completely repents of what she did. He admits his guilt. Now it is difficult to say about the punishment. Presumably, the woman could receive up to 7 years in prison. The investigation into the remaining participants in the “medical case” continues.

(Vitaly Ignatenko, head of the interdistrict investigative department of the investigative department of the investigative committee) - In total there will be at least 10 criminal cases, at a minimum. Now the issue of initiating criminal cases against disabled people under Article 159 “Fraud” is being resolved, because the persons illegally received a disability pension, all of them have run out of money illegally...

When asked why doctors took bribes so openly, they answered that they were pushed to take this step by a difficult financial situation.