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Working disabled person of group 2. Which disability groups work and which don’t? Some by-laws are also important

The labor legislation in force in our state is designed to provide all citizens with equal rights and opportunities. This allows such categories of citizens as disabled people to realize themselves in work.

Today, there are government programs that allow people with disabilities to adapt to real working conditions. As a rule, when it comes to employment, this applies to categories such as disabled people of the 3rd group or disabled people of the 2nd group. Whether people with these health limitations can work largely depends on the degree of disability.

To be fair, we can say that all people recognized as disabled, without exception, are provided with state assistance, including financial assistance, in the form of a disability pension and a number of other payments. But we have to admit that the size of the pension for this category of citizens is more than modest. This is one of the reasons why most people with disabilities decide to get a job. In this case, it would be useful to know what restrictions exist for a disabled person who wants to find a job, as well as what rights and responsibilities do disabled workers have, and is it possible to work with disability group 2?

Who is recognized as a disabled person of the 2nd group?

According to current laws, a disabled person is recognized as a person who has a persistent disorder of body functions, in connection with which there is a limitation in life activities. A person with disabilities acquires the second disability group if his full life activity is limited due to health problems or he has persistent disorders of any body functions resulting from injury or disease. Also, a person who needs rehabilitation and social protection measures is assigned the status of a disabled person of the second group

A medical and social examination (MSE) can recognize a person with a disability of the 2nd group if, during the examination, the following diseases of moderate severity are identified:

Disorders of body functions, the cause of which is physical disability.

Speech disorders caused by voice dysfunction or stuttering.

Mental disorders.

Damage to the body's circulatory or respiratory system.

Sensory disorders, that is, dysfunctions of the sense organs.

Disability of the 2nd group is established for a period of 1 year; in the future, the disabled person is required to undergo a re-examination to determine his state of health.

The ITU Bureau issues a certificate confirming disability indicating information about the disability group and a conclusion on whether a group 2 disabled person can work. People with disabilities who are allowed to perform labor functions without contraindications are, in addition to the certificate, given an Individual Rehabilitation Program for Disabled Persons (IPR) with recommendations for organizing work.

Obligation to work: should a person with a disability of the 2nd group work?

People of the older generation, of course, can remember the times when the responsibility to work and benefit the state and society lay with every able-bodied resident of our country. This also applied to disabled people in the so-called working groups. How are things going today? Is a disabled person of group 2 required to work and can someone limit the rights of a non-working disabled person of this category?

Today, even if the 2nd disability group is legally recognized as working, that is, it assumes that a disabled person can find a job, there is no legal obligation to work for a person with disabilities. Moreover, the state provides a number of social assistance measures for people with disabilities, including people with group 2 disabilities. The assistance includes payment of a disability pension, a package of benefits for travel on public transport, for the purchase of medicines necessary for a disabled person, the possibility of sanatorium and resort treatment, as well as monthly cash payments from the Pension Fund of the Russian Federation. In addition to these measures, some regions of the Russian Federation provide for regional subsidies for people with disabilities, and if the family income of a disabled person is low, subsidies for housing and communal services.

But we have to admit that even the support provided to disabled people from the state is often not enough for a decent standard of living for a disabled person and his family. Often, a person with disabilities is ready to find a job and begin full-time work if possible, even agreeing to the condition that this would require losing the right to some benefits and guarantees from the state. So can a group 2 disabled person work and what kind of restrictions and contraindications exist for this category of employees?

The right to work for a person with a disability

The current legislation does not simply give the right to perform labor functions to disabled people of the 2nd group. Legislators also provide for the fact that citizens with disabilities need support and special working conditions. Therefore, the Labor Code of the Russian Federation and laws relating to people with disabilities provide working disabled people with a number of additional guarantees along with general rights. The state has also determined benefits for entering an educational institution for people with disabilities who want to get a profession.

The obligation of employers to create a quota for hiring workers with disabilities for hiring helps to maintain the competitiveness of people with disabilities in the labor market. In practice, this means that companies employing at least 35 people are required to enter into contracts with employees with disabilities, providing them with working conditions that comply with individual ITU labor recommendations. Employers must provide information on the availability of vacant quota jobs to the Employment Center database on a monthly basis.

What documents are required when employing a disabled person of group 2?

Another question that often arises during employment: is a person with disabilities required to present documents confirming his disability to the employer?

The Labor Code, specifically Article 65, specifies an exhaustive list of documents required for employment:

employee identification document, most often a passport;

Work book (if the employee is not hired for the first time and is not hired part-time),

Education document if the job requires special professional skills;

Military registration document (military ID), only for those liable for military service or subject to military conscription.

The employee is not required to provide other documents during employment. However, a person with disabilities has the right to document his or her existing disability.

Documents to confirm disability during employment

To confirm an existing disability, an employee must provide the following documents:

A certificate from the ITU bureau confirming a medical and social examination, based on the results of which the disability group was established and, if any, the degree of disability.

Individual rehabilitation program for a disabled person.

The IPR contains the following information for the employer: what contraindications are implied by this employee’s group 2 disability, whether he can work in an existing quota position, whether it is necessary to create additional special conditions at the workplace or purchase special equipment.

The employer is obliged to comply with all recommendations specified in the IPR regarding working conditions and workplace for a disabled employee. Very often, it is the requirements of labor legislation to create acceptable working conditions for people with disabilities that are the reason that employers are not too willing to enter into employment contracts with people with disabilities. In fact, creating conditions or equipping a workplace that complies with the labor recommendations in the IRP does not necessarily have to be too difficult or expensive. In most cases, we are talking about only a few not the most costly measures to make it easier for a disabled employee to access the workplace or reduce the impact of negative factors. For example, installing ramps or ensuring an acceptable level of lighting or ventilation in the work area.

In addition, the employee with a disability himself has the right to officially refuse to comply with all or part of the recommendations specified in his rehabilitation program.

You can get a job on a general basis, without a certificate of disability and IPR, but all additional guarantees will not be provided to the disabled person. This applies even to those categories of workers who have obvious signs of disability. In this case, the responsibility provided for failure to comply with the guarantees and legal rights of a disabled person is removed from the employer.

But it is worth keeping in mind that if a disabled person of group 2 works on a general basis, without confirmation of an existing disability, the law provides for the right to submit supporting documents to the employer at any time. In this case, changes must be made to the employment agreement (contract) of the disabled employee with the provision of all benefits and guarantees provided by law, and working conditions will need to be created for the employee that correspond to his IPR.

Restrictions for a person with a 2nd group disability

Despite the fact that people with disabilities have the right to work, work should not be contraindicated for a disabled person for medical reasons or health reasons.

The contraindications available for employment of a person with disabilities depend on what disease group 2 disabled people have. The employer must determine whether disabled people can work in the proposed position based on the nature of the work and the recommendations of the IPR.

What should an employer take into account when hiring or refusing to hire a disabled employee, so as not to break the law? And how can the employee himself obtain information whether he has the right to apply for employment in any specialty? For example, can a group 2 disabled person work as a driver, loader, or repairman?

For example, heavy physical and nervous stress, the occurrence of stressful situations when performing work functions are contraindicated for disabled people with disorders of the internal secretion organs, digestive or circulatory systems, or with mental disorders.

In addition, health problems associated with mental disorders require a ban on work involving excessive noise, toxic substances, dangerous equipment, and active communication with people. It is prohibited to perform work at heights, at a high pace, or in monotonous work that requires constant attention. These restrictions exclude, for disabilities associated with mental disorders, the work of a driver, the performance of labor functions in the workshops of chemical enterprises or on an assembly line.

In case of disability associated with diseases of the visual system, work should exclude any visual strain, and the workplace should not be in dusty or poorly lit rooms. The employer should pay special attention to the safety of the visual apparatus, completely eliminating the possibility of visual injury.

If a disabled person has speech impairments, it is prohibited to be employed in jobs that involve constant verbal communication with people or the issuance of verbal commands and signals, work in conditions of loud noise, or involving nervous (mental) strain.

A disabled employee with hearing impairment is completely contraindicated for types of work in unfavorable climatic conditions, work that involves constant exposure to loud noise, chemical and (or) toxic substances, vibration, low-frequency or high-frequency sounds, as well as work that requires good hearing.

Separately, it is worth considering such a controversial, but quite common contraindication as working at night. The presence of a ban on this type of work or its absence in the IPR is a decisive factor in deciding whether a group 2 disabled person will be able to work as a watchman, security guard or watchman on the night shift. This contraindication is indicated for disabled people with disorders of the digestive or respiratory system, disorders of the internal secretion organs and metabolic processes of the body, and blood circulation.

The following question often arises: if work at night is contraindicated, is it possible for a group 2 disabled person to work as a security guard or watchman during the day or evening? An employee who has such a contraindication can work from 6:00 a.m. to 10:00 p.m. if his workplace and working conditions comply with all ITU labor recommendations specified in the IPR.

In addition to the already indicated contraindications for the work of a person with disabilities, there are a number of other restrictions that, depending on the health disorder, disabled workers of group 2 may have. Whether employees of this category can work in a vacant position depends primarily on the degree of disability specified in the IPR.

Degrees of disability

The degree of disability is indicated in the ITU certificate, which confirms group 2 disability. Is it possible to work if this section of the help contains an indication of the degree of limitation?

Grade 3 is the most severe. It is assigned to those people with disabilities who, by decision of the ITU commission, are not able to work. It is illegal to officially hire an employee who has a certificate indicating the 3rd degree, regardless of the desire of the employee himself. For this reason, the 3rd degree causes a lot of controversy. Human rights organizations insist that restrictions of this type discriminate against people with disabilities, depriving them not only of the right to work, but also the support of the Employment Center.

The 2nd degree of disability involves the performance of labor functions in conditions created taking into account the recommendations of the IPR and/or in a specially equipped workplace, with the use of additional tools or equipment. It is possible to determine whether a disabled person of group 2, 2 degree, can work in the position offered to him, using the column “Recommendations on contraindicated and accessible types of work” in the Individual Rehabilitation Program. Concluding an employment contract with a disabled employee who has this degree of limitation imposes an obligation on the employer to create working conditions for this employee in strict accordance with the IPR. The only exceptions are cases when a disabled person voluntarily refuses part of the conditions in writing.

The “lightest” degree of restriction - the first - is established for disabled workers who are able to perform labor functions without special conditions, but with a decrease in the volume of professional production activities and (or) with a decrease in qualifications. Also included in the 1st degree are cases when the employee is unable to perform work in his profession.

If disabled people of group 2 can work without restrictions, this section of the ITU certificate of disability is marked “Not available”.

Is it possible to change the degree of disability?

Whether it is possible to work with group 2 disability depends primarily on the assigned degree of disability. But will a 3rd degree, especially one awarded indefinitely, always mean that a person with disabilities does not have a chance to find official employment? Can disabled people of group 2, if desired, change the degree of disability? Can they work, for example, in a specially equipped workplace and (or) with the creation of the necessary working conditions?

Even an indefinitely established 3rd degree of OSTD is not necessarily a “final verdict” for a disabled person. The 3rd degree of OSTD can be changed to the 2nd by contacting the IEO bureau with an application. To do this you need:

Receive a referral to medical examination (form 0-88/y) at the clinic.

With a referral, contact the ITU Bureau, attaching an application addressed to the head of this organization. The application must indicate that the examination is carried out for the purpose of developing and issuing an Individual Rehabilitation Program for a disabled person. Be sure to indicate in the “Other” column the request to change the 3rd degree of OSTD to the 2nd degree of OSTD.

Based on the results of the examination, the ITU commission may decide to change the 3rd degree of the OSTD to the 2nd degree and issue recommendations to the IPR or reject this request.

How can formal employment affect your disability pension?

Does a Group 2 disabled person have the right to work under an employment contract, while receiving a disability pension and other payments in the same amount as before employment? The pension assigned to a disabled person of the 2nd group will not be canceled or reduced after employment. But changes may affect other payments. For example, some types of regional subsidies or subsidies for housing and communal services may be canceled due to the improved financial situation of the disabled person and his family members. The cancellation will certainly affect the additional payment to the pension up to the subsistence level, if there was one, and the unemployment pension.

Benefits for a working disabled person

Receipt of all benefits provided by law directly depends on whether disabled people of group 2 are officially employed, with the provision of all documents confirming disability to the employer.

Along with general rights and guarantees, labor legislation provides a number of additional benefits for a disabled employee:

Reduced working hours.

Contraindications to night shift work.

Prohibition of engaging in any type of overtime work without official written consent.

Restriction on employment on weekends and holidays for an employee with a disability. Whether a group 2 disabled person can work on holidays or weekends is determined only in accordance with a medical report on the employee’s health condition.

Annual leave for a period of 30 calendar days.

The right to annual leave without pay for up to 60 days.

In addition, a disabled employee, applying for a vacancy allocated under a quota for disabled people, can apply for employment without undergoing a probationary period. Upon termination of an employment contract (dismissal), a disabled person of group 2 is also provided with additional guarantees.

Content

In Russia and not only many chronic diseases divide patients into disability groups, and which ones they give and when they are given can be found out when passing the MSEC for medical reasons. The patient legally has the opportunity to receive payments for health problems and count on state assistance. Disability is determined by group; it can be working or non-working; it applies equally to adult patients and children.

What are disability groups

With limited mental and physical abilities, or the presence of psychological limitations, disability occurs. These categories of patients can count on monthly payments of benefits, benefits, and other social benefits. The amount of subsidies depends on the patient’s health status, group, class and stage of disability. There is a law to protect people with disabilities, based on the conclusions of medical and social examinations. By order of the Ministry of Health of Russia dated December 23, 2009 No. 1013n, a patient can be given one of three possible disability groups.

What diseases give disability?

In modern medicine, there are a number of serious diseases in which the patient completely or partially loses his ability to work. With such disabilities, you must immediately contact your doctor and, based on medical documents and reports, receive one of the disability groups. The following pathologies are subject to medical examination, for the diagnosis of which a person can count on a working or non-working group (depending on the severity of the pathological process). The diseases are as follows:

  • bronchial asthma;
  • diabetes mellitus;
  • previous myocardial infarction, stroke;
  • oncological diseases;
  • epilepsy;
  • intervertebral hernia;
  • auditory and visual impairments;
  • multiple sclerosis;
  • arterial hypertension;
  • coronary heart disease;
  • hepatitis C;
  • cirrhosis;
  • arthrosis of the joints;
  • mental retardation;
  • limb amputation;
  • mental illness.

Classification

According to WHO requirements, a special schedule has been developed in which each disease is characterized by one or another group of disabilities. To register a disability of any category, you need to pass the MSEC, collect a list of necessary documents and, as a result, receive monthly payments. The amount depends on the category of disability and is determined after a medical prescription and examination of the citizen. Below are all existing types of disabilities with doctor's recommendations and specific diagnoses.

1st disability group

This is a disability in which a person completely loses the usual functions of the body and needs constant help, supervision and care. The patient does not always navigate in space, does not control time and behavior, and commits actions that are inappropriate for modern society. To recognize a citizen as incompetent, the first step is to determine the cause, a number of diagnostic measures are carried out, and it is important to make a final diagnosis. Such diseases include:

  • tuberculosis stage of decompensation;
  • oncology;
  • complicated heart failure;
  • epilepsy;
  • cerebral aphasia;
  • schizophrenia;
  • dementia;
  • stumps of the thighs and upper limbs;
  • complete blindness.

2nd group

Continuing to study the degrees of disability, the emphasis should be on group 2. There is no need to talk about full professional ability to work, but a disabled person has to change jobs and take up light work. The problem arises with dysfunctions that do not deprive a person of his ability to work and do not require special care. However, doctors recommend changing your type of activity - choosing a lighter option. In such categories of life activity, the patient is provided with special working conditions, and this requirement is reinforced in medical and social examination institutions.

Before receiving group 2 disability, it is necessary to study in more detail the diagnoses in which patients receive a pension, but at work follow a separate labor schedule:

  • fibrous-cavernous progressive tuberculosis;
  • second degree arterial hypertension;
  • cardiopulmonary failure;
  • atherosclerosis with severe intellectual depression;
  • serious injuries with impaired mental and motor functions;
  • disarticulation of the thigh;
  • injuries and organic lesions of the spinal cord;
  • femoral stump with gait disturbance;
  • complicated stomach ulcer;
  • sharp landing of vision;
  • persistent mental disorder.

3 group

The third group is accompanied by mental and physical limitations, but the patient retains his vitality and does not need outside help. Disability can be determined by the consequences of an injury or a long course of a chronic illness with frequent relapses. The definition of the group is closely related to working conditions, since the patient does not need to change his specialty due to illness, but it would obviously be useful to change his workplace. For example, an accountant with atherosclerosis and cognitive disorders is not recommended to work in the accounting department.

Which disability group is the most severe?

Disability can be established for a period of one or two years. Under certain circumstances, you may receive permanent disability. After the specified time interval has expired, to establish the category, you must re-pass the medical commission. The category depends on the severity of the disease, and the largest in terms of health is the first group, which, among other things, is non-working. Since the patient cannot take care of himself, he can receive a social pension without the need for employment.

Which ones are considered workers

Doctors report that groups 2 and 3 are workers: with the third, it is not even necessary to change the workplace, with the second, the employee must be provided with special working conditions. Children with disabilities can also benefit society, it all depends on the signs of the disease and the diagnoses made. More often, the first and less often the second category of disabled people are considered non-working.

Disabled children

Children under 18 years of age with visible disabilities and disabled status are not ready to communicate, have developmental disorders, are difficult to learn, do not control their own behavior, and are not capable of working in the future. The social pension of a disabled child is received by a guardian, as a legal representative, or by his parents. The disabled child category can count not only on receiving social benefits, but also on other payments:

  • placement of disabled people in specialized institutions;
  • individual training;
  • provision of spa treatment;
  • compulsory rehabilitation of disabled people;
  • issuance of medical equipment, materials to support life, living conditions.

What is a disabled person entitled to?

In the life of a disabled person there is such a term as “free”. This is a number of benefits that can be obtained by providing a special certificate or applying for a pension. The state will pay benefits and provide the following services on a preferential or free basis, depending on disability groups:

dispensing medications according to a doctor's prescription

one-time free travel to the place of treatment

travel to a medical facility

prosthetics of teeth, limbs, orthopedic devices

purchase of certain medications and medical products with a prescription with a 50% discount

trip to the sanatorium

benefits when purchasing orthopedic shoes

dental prosthetics

increased scholarship for full-time study

increased scholarship

right to preferential admission to universities

admission to universities

vacation at your own expense up to 60 days during the year

vacation at your own expense up to 60 days during the year

35 hour work week with continued pay

free travel on public transport

How to get disability

Knowing who is given disability group 2, all that remains is to find out on what basis such a benefit is provided. The final decision is made by a medical and social expert commission. The procedure for establishing disability is carried out in two ways:

  • on the recommendation of a doctor after the completed course of treatment;
  • at the initiative of the patient, who informs the doctor of their intention to receive the group.

What documents need to be prepared

It is necessary to visit the doctor more often to know the list of certificates for obtaining a disability category. Otherwise, MSEC may refuse or issue a verdict “No restriction for medical reasons.” In case of severe illnesses, disability is assigned indefinitely and is carried out in a hospital setting. Additionally, there is a need for continued intensive care depending on the degree of disability.

The general procedure for obtaining disability provides the following list of required documents, subject to certain deadlines:

  • referral of a doctor to undergo a commission;
  • original and photocopy of passport;
  • outpatient card;
  • a certified copy of the work book;
  • a certificate of income, for example, when receiving wages or a labor pension;
  • application for examination;
  • discharge from hospital during inpatient treatment;
  • act of occupational disease or work injury.

Re-examination of disability

In Russia, the disability group is required to be confirmed subject to certain re-examination deadlines (they may differ depending on the degree of disability). This:

  • in the first group - once every 2 years;
  • for the second and third - once a year.

Video

Attention! The information presented in the article is for informational purposes only. The materials in the article do not encourage self-treatment. Only a qualified doctor can make a diagnosis and give treatment recommendations based on the individual characteristics of a particular patient.

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Disability is understood as a state of health of a citizen in which he is partially or completely unable to meet the needs of the body. When registering disability, not only medical but also social indicators are important.

Let's look at how to register for group 2 disability and what benefits a disabled person is entitled to.

○ List of diseases for obtaining disability group 2.

The list of diseases according to which a citizen can be recognized as a group 2 disabled person is regulated by Order of the Ministry of Labor and Social Development of the Russian Federation of 2015 No. 1024n. It includes:

  • Damage to the circulatory and respiratory organs.
  • Mental dysfunction.
  • Physical abnormalities.
  • Deterioration of vision.
  • Deterioration of tactile sensitivity.
  • Speech dysfunction.

The level of persistent dysfunction to establish disability group 2 must be in the range of at least 70, but not more than 80%. Order of the Ministry of Labor and Social Development of the Russian Federation of 2015 No. 1024n establishes the criteria for establishing disability group 2:

The criterion for establishing the second group of disability is a person’s health impairment with the third degree of severity of persistent impairment of body functions (in the range from 70 to 80 percent), caused by diseases, consequences of injuries or defects.

○ The procedure for recognizing a citizen as a group 2 disabled person.

In accordance with the law, to receive disability group 2, a citizen must:

  • Collect the necessary documentation.
  • Undergo an inpatient examination.
  • Get a referral from your primary care physician.
  • Pass the ITU territorial commission.
  • Receive the commission's decision.

○ How does the firewall work?

A citizen must contact the ITU territorial office located at the place of his permanent registration. First you need to find out the location of the organization. They are not available in every city.

The examination is of a declarative nature. The citizen must attach a personal statement to the referral.

During the examination, the secretary keeps a protocol. It includes all information from the citizen’s documents and the results of a visual inspection.

Based on the protocol, an act is drawn up. This is the decision of the commission. It is adopted by a majority vote. The results of the vote determine whether a citizen will receive a disability group or not.

✔ Procedure.

To register a disability, a citizen must receive a referral. It is issued by the attending physician or the social welfare department at the place of registration.

If specialized authorities refuse to issue a referral, the citizen must request a written refusal. Upon presentation, the person has the right to independently initiate an examination.

✔ Documents for passage.

List of required documentation:

  • Application for inspection.
  • Civil passport.
  • Outpatient card.
  • Work book.
  • Certificate of income.
  • Characteristics from an employer or educational institution.
  • Work injury report (if available).

Important!
Documents are prepared in the form of originals and photocopies.

✔ Drawing up a protocol.

The protocol is drawn up in writing in the presence of the applicant. It contains the following information:

  • Date of application.
  • Date and time of the examination.
  • Date of decision.
  • Information about the applicant (full name, address, gender, citizenship, passport details).
  • Data on the reasons for the examination.
  • Information about the location of the inspection (in the organization, at home).
  • Target.
  • Result.
  • Period of disability assignment.

Important!
The document is signed by all members of the commission in the presence of the applicant.

✔ Medical and social examination report.

The procedure for drawing up the act is regulated by order of the Ministry of Health and Social Development of Russia dated 2015 No. 228n. The document must contain the following information:

  • Information about the applicant.
  • Type and degree of disorder.
  • Conclusion on the degree of disability.
  • Established disability group or refusal to register it.
  • Cause of disability.
  • Date of re-examination.

✔ Recognition of disability.

The result of the application is the issuance of a certificate from the ITU Bureau. This is an official document that contains the citizen’s data, disability group and duration of its validity.

The second document that is issued to the applicant is an individual rehabilitation program. In accordance with it, a person must undergo rehabilitation measures.

Important!
A group 2 disabled person must confirm their status annually.

○ Refusal to recognize disability.

An alternative version of the act is a refusal to establish disability. The document is issued to the citizen in writing.

  • If there is 1 dependent - 6406 rubles.
  • If there are 2 dependents - 8008 rubles.
  • If there are 3 dependents or more - 9610 rubles.

    • To apply for EDV, you must contact the Pension Fund branch at the citizen’s place of residence. It is assigned to persons entitled to a labor pension.

    ✔ Social disability pension.

    The amount of payment for various categories of citizens. In 2018 it is:

    • Standard payment – ​​5034 rubles.
    • For disabled people since childhood - 10,068 rubles.
    • For WWII veterans – 200% of the standard payment.
    • For military personnel - 200 - 250% of the standard payment.
    • For persons affected by man-made disasters – 250% of the standard payment.
    • For astronauts – 85% of the salary.

    Often, after a long illness or as a result of an accident, a person receives a permanent health disorder. In such cases, he is assigned , and the state pays him a social benefit.

    Depending on how much a person has lost his ability to work, he may be assigned three disability groups, each of which has several degrees. In this article we will look at the second group of disabilities.

    Disability group 2 - working

    The legislation does not clearly state, if present, what diseases or health disorders are identified as the second group. When making a decision on assigning a disability group, the following data will be used:

    • whether a person can take care of himself or needs help from third parties;
    • to what extent the person applying for the group is mentally adequate, does he pose a certain danger to society or himself;
    • the degree of disability, taking into account the work that the person performed previously and his ability to perform this work at the present time;
    • the degree of physical injury, if the group is established in connection with the loss of a limb.

    Currently, all these criteria are given in Order of the Ministry of Labor 1024n dated December 17, 2015. According to it, a person can be assigned if he has moderate impairments in all of the above characteristics.

    The second disability group is established, as a rule, for a year and in order to extend it, it is necessary to undergo a re-examination every year, which determines whether the health and work impairments for which it was assigned have persisted. Based on the results of the commission's assessment, the group can be maintained or cancelled.

    About the procedure for establishing a disability group - in the video:

    Degrees of disability for second degree disability

    In addition to assigning the specific disability group itself, the degree of disability is also established. As well as disability groups, there are three of them:

    1. The first degree of disability is the mildest. The person to whom it is assigned has virtually no restrictions when choosing work, with the exception of difficult, harmful and dangerous conditions.
    2. The second degree already imposes greater restrictions. Such a person needs either a specially organized workplace or special working conditions. The choice of work and their time are also limited.
    3. The third degree of disability is the most severe and implies that the person cannot work. That is, the employer does not have the right to hire such an employee, even with his consent.

    Sometimes in the certificate of disability, in the column for the degree of disability, a note may be placed: “does not have”, this means that such a person has practically no restrictions on work ability, but it is still necessary to establish that they do not contradict the individual rehabilitation card of the patient. Also, such a disabled person retains all the benefits provided by labor legislation.

    Rehabilitation card for a disabled person

    Disability group 2 - people with disabilities

    When a disability is assigned, in addition to a certificate confirming this, the person receiving the disability is given a rehabilitation card called an individual rehabilitation program.

    When applying for a job, a person with a disability is required to provide an extract from the card or a copy of it to the employer, so that the latter can create optimal conditions for the disabled person’s work and not violate labor laws.

    Work and benefits for a disabled person of the second group

    Based on the above, we can conclude that the presence of a second disability group is not a contraindication to work with minor restrictions. An employee with a disability can only be hired for a position whose work does not contradict the indications in the individual rehabilitation card.

    Restrictions, as a rule, are introduced on the length of working hours, the intensity and complexity of the work performed, the time and place of the work performed. Regardless of what restrictions are or are not provided for in the rehabilitation card, disabled people are entitled to the benefits established by Federal Law No. 181. Benefits provided according to the law:

    • the working week of a disabled person cannot be more than 35 hours a week while maintaining full earnings;
    • disabled people cannot be involved in overtime work, even with their written consent;
    • for disabled employees is extended by two calendar days;
    • also, at their request, the employer is obliged to provide disabled people with leave at their own expense while maintaining their job for up to 60 calendar days. The timing of this leave must be independently agreed between the employee and the employer.

    Thus, the legislation protects citizens with disabilities, but creates additional difficulties for employers. And the latter are trying in every possible way to avoid hiring such workers.

    Job quotas for disabled people

    They have no right to refuse to hire a person because of his disability!

    In order to provide people with disabilities with jobs, a law on job quotas was adopted.

    According to which, organizations with the number specified in legislation must establish the number of jobs for people with disabilities. This number is set as a percentage of the average number of all employees.

    Currently, this law is controlled by employment authorities. In order to find out how much meth should be allocated for people with disabilities, you need to go there. But it is worth carefully studying the law itself.

    In particular, it states that from the average number of employees, from which the number of jobs is calculated, those who, as a result of a special labor assessment, were found to have difficult, harmful and dangerous working conditions can be excluded.

    Responsibility for concealing the presence of disability

    Since employers are reluctant to enter into employment contracts with persons with disabilities, and also due to the rather limited list of types of work to which disabled people are allowed, very often a person does not provide a potential employer with information about the presence of a disability.

    Who is responsible for this?

    Disabled people should feel supported by the state!

    According to the Labor Code of the Russian Federation, a certificate of disability is not included in the list of mandatory documents provided when applying for a job. Consequently, if an employee does not outwardly show signs that he is disabled, he can successfully hide this information from the employer, but at the same time he is correspondingly deprived of everything.

    If the employer is not properly informed, then he also does not bear responsibility for such an employee. But there may be nuances here.

    If the position requires passing a medical examination, then it is necessary to send the employee to undergo it, otherwise if an accident occurs and in the absence of a medical certificate it turns out that the employee also had a disability, this could result in serious consequences for the employer.

    A citizen whose health status meets certain criteria has the right to be assigned the status of a disabled person. To do this, you need to undergo a medical and social examination.

    This social status allows you to apply for rehabilitation measures and receive benefits and payments established by law.

    Second disability group

    Disability group II is characterized by the inability to fully independently satisfy basic needs.

    A person needs the help of other people and social protection.

    The main aspects of the interaction of a disabled person with society are regulated by Federal Law No. 181-FZ “On the social protection of disabled people in the Russian Federation.”

    The commission that recognizes disability is called a medical and social examination (MSE).

    Disability criteria (list of diseases)

    There is an opinion that a disability group is assigned according to a certain list of specific diseases.

    In fact, this status is assigned if the dysfunction of the body meets one or more of the following theses:

    • The inability to provide basic independent household and hygienic services was noted. For example, a person has difficulty preparing food without outside help or using assistive technology;
    • Traffic is unclear and difficulties arise when using public transport. For example, traveling on a bus becomes impossible if it is not equipped with a ramp or without partial assistance from others;
    • There is a problem with orientation in space and time. Can get lost without outside help;
    • There are difficulties in communicating with others. Without the help of other persons or special equipment, problems arise with the reception and transmission of information;
    • Reduced ability to behave appropriately, requires adjustment from the outside;
    • Implementation of educational activities is possible only when using auxiliary equipment at home or in specialized educational institutions;
    • Labor activity is available only if special conditions are created or with the ongoing assistance of others.

    The second disability group is working (comparison with group 1)

    Disability group II is not considered a reason to stop working if the employee wants to continue working.

    For group I this rule does not apply.

    However, the employer should carefully study the individual rehabilitation program (IRP) of a disabled employee.

    According to Article 23 of Law No. 181-FZ creates special conditions for the realization of the right of a disabled person to work. These conditions, according to the same law, cannot be worse than those of other employees of the organization.

    There are times when it is not necessary to create a special environment for an employee. For example, a citizen works in accounting, the work is sedentary. In the IPR it is forbidden to perform work while standing. This means that changes in the employee’s activities will not be required.

    Shorter work week and extended vacation

    Law No. 181-FZ states that employees with disabilities must fulfill their duties no more than 35 hours per week.

    At the same time, wages remain the same as for a 40-hour work week.

    Overtime work without the consent of the employee is prohibited, even if it is permitted for health reasons.

    The leave of such employees has been supplemented for 2 days - they rest for 30 calendar days.

    At the same time, it is worth knowing that the vacation is extended regardless of whether the employee was disabled for the entire year or not. There are cases where, due to an error by the HR department, extended leave is not granted.

    If such an error is discovered, it is necessary to return the missing days to the disabled employee or pay monetary compensation. Otherwise, the organization may have problems with the labor inspectorate.

    Besides, an employee with a disability may qualify for 60 days of unpaid leave.

    Article 128 of the Labor Code of the Russian Federation will not allow the employer to refuse this requirement to a disabled employee. The timing of such leave is determined by mutual agreement of the parties.

    What documents to require

    When applying for a job, the status of a disabled person is confirmed by:

    • Certificate of medical and social examination, which confirms the disability group and the degree of labor limitation.

    However, the employee himself decides whether to inform him about his special situation or not, because these certificates are not in the list of mandatory documents for employment, which are approved by Article 65 part 1 of the Labor Code of the Russian Federation.

    Diseases leading to disability

    There are several groups of diseases leading to disability:

    • musculoskeletal apparatus;
    • blood circulation;
    • digestive and respiratory systems;
    • exchange processes;
    • vision, hearing and sense of smell;
    • mental state

    It is worth noting once again that the Law does not provide a list of diseases that unambiguously establishes the status of a disabled person. To qualify for rehabilitation, you must meet the disability criteria discussed above.

    The second disability group is working. Conditions for recognition of disability

    Decree of the Government of the Russian Federation of February 20, 2006 No. 95 regulates the following conditions for recognizing a citizen as disabled:

    • a citizen has received an illness or injury and in connection with this has persistent disorders of comfortable life support functions;
    • a person is completely or partially unable to exercise self-service;
    • citizen needs rehabilitation and guarantees of social security.

    The final conclusion is always made by a medical and social examination.

    Activities of the medical commission for conducting examinations

    A patient can be referred for medical examination by the attending physician, employees of the Pension Fund or the social security authority.

    If for some reason these services refuse a citizen to receive a referral, then it is permissible to independently contact the bureau of medical and social examination.

    To do this, you need to collect all personal documents and medical reports confirming the disease and submit them to the ITU registry. The day on which the examination will take place is also appointed.

    If the applicant cannot come to the office due to illness, the examination can take place at home.

    To do this, you need to obtain confirmation of your health status from a medical institution.

    The commission includes employees from various fields, including doctors, psychologists, and social workers.

    They conduct an examination of the applicant, analyze the documentation received from him, and comprehensively study living conditions, social status and other aspects of life.

    Based on all the data received, a decision is made.

    The entire examination process is recorded.

    The decision to grant a citizen the status of a disabled person or to refuse to grant him such status is made based on the opinion of the majority of specialists.

    Contents of the medical specialists' protocol

    The form of the protocol is regulated by Order of the Ministry of Labor of Russia dated October 17, 2012 No. 322n and includes:

    • Date and time information conducting ITU;
    • Section 1. General information about the applicant’s identity;
    • Section 2. Data on the procedure for carrying out MSA;
    • Section 3. Information about social and living conditions;
    • Section 4. Information about the applicant's education;
    • Section 5. Professional data of the citizen and working conditions;
    • Section 6. Clinical and functional data: complaints, anamnesis, results of examination by specialists, conclusion of consultants, diagnosis;
    • Section 7. Commission decision: conclusion on the types of disabilities, disability group, cause of disability, date of the next examination. Conclusion on the need for constant care from other persons, special notes from specialists.

    Medical and social examination report

    Based on the results of the medical examination, a report is drawn up that contains the following information:

    • Fact of establishment disability;
    • Assigned group;
    • Reason for receipt status;
    • Degree of restriction labor;
    • Next date examinations.

    Recognition of disability

    If the MES assigns the status of a disabled person to a citizen, then he is issued the following documents:

    • Group information disability;
    • Individual program rehabilitation.

    The certificate of incapacity for work indicates the decision of the examination.

    An extract is drawn up from the inspection report. Bureau employees are required to send this extract to the pension fund within three days to calculate a disability pension.

    Duration of disability group II – 1 year . After this time has expired, the citizen is required to undergo the examination again.
    If a citizen is recognized as disabled, the date of disability determination is the day on which the application for medical examination was received by the bureau.

    Refusal to recognize disability

    If the commission refuses to assign a disabled person status to a citizen, this is communicated orally. At the request of the applicant, a certificate in any form is issued.

    A note about the decision of the MES is made on the sick leave.

    If a citizen does not agree with the decision of the MES commission, he has the right to appeal it to a higher bureau. The result of the examination of the district bureau can be challenged in the main bureau of the MES.

    If this decision does not satisfy the applicant, it is worth contacting the Federal Bureau. The decision of the main authority of the ITU can only be challenged in court.

    Second disability group. Payments

    Financial support for a disabled person consists of:

    • Pensions;
    • A monthly cash payment (MCV), which includes the cost of the social package, if the citizen refused to use it.

    The refusal to use benefits is written once; annual confirmation is not required. If a disabled person, after some time, again expresses a desire to use benefits, then it is enough just to write a new application about this.

    Amounts of payments in 2015, taking into account annual indexation for disabled people of group II:

    • Social pension– 4769.09 rubles per month.
      EDV– 2240.70 rubles per month, which includes 881.63 rubles, if the disabled person does not use a set of social services.

    In addition to these payments, there is a federal social supplement for people with disabilities whose total income is less than the subsistence level.

    Second disability group. Benefits

    For disabled people of any group, a package of assistance is provided in the form of a set of social services.

    This list includes:

    • Providing medications. If a disabled person does not work, he receives medicines free of charge with a prescription from the attending physician; workers buy medicines, paying half the price.
    • Obtaining a voucher for sanatorium treatment if there are medical indications. It is free for non-working disabled people, with a 50% discount for working people.
    • Discounts on public transport, including free travel to and from treatment and free travel on commuter trains.
    • Those who need prosthetic limbs receive them free of charge. Special shoes prescribed by an orthopedist have different levels of complexity and, depending on this, can be obtained free of charge, at a discount or for full payment.
    • Besides, Group II disabled people have the right to free dentures.

    Housing benefits

    All disabled people can receive housing, the footage of which should not be less than 18 square meters. meters per person and can exceed this norm by no more than 36 square meters. meters per person. To receive this benefit you need to stand in line. When providing housing, the IPR of a disabled person will be taken into account.

    Housing and communal services benefits

    A 50% reduction is provided when paying for housing rented from the state or municipality. Benefits for utility bills can be obtained without taking into account the fact of ownership.

    Please note that this is only valid for the disabled person's share. For example, when two people live together, one of whom is recognized as a person with disabilities, You need to pay the water meter - 500 rubles.

    This amount is divided between two citizens, and for 250 rubles, which fall to the share of a disabled person, a discount is provided - 125 rubles.

    If the house does not have central heating, then the beneficiary is entitled to privileges for purchasing fuel within the tariffs.

    Benefits for education

    Group II disabled people have the right to enter institutes, colleges and any other municipal institutions without participating in a competition. All disabled people are paid a stipend.

    Benefit for paying for a radio point

    Disabled people of group II are not charged for radio points.

    Tax benefits

    Personal income tax

    The tax deduction, that is, the amount that reduces the amount of income, for disabled people of group II is 3,000 rubles per month. For example, if a disabled person’s salary is 10,000 rubles, only 7,000 are taxed.

    Transport tax.

    For disabled people who independently purchased a vehicle with a power of no more than 150 horsepower (hp), the tax rate per hp is is reduced by half.

    In some regions (for example, in the Moscow region, Krasnoyarsk region, Nizhny Novgorod, Sverdlovsk, Saratov, Samara regions and a number of others), disabled people of group II are exempt from paying this tax.

    Also, transport specially equipped for a disabled person and a car received through SOBES are not subject to taxes if it has no more than 100 horsepower.

    Land tax

    If a disabled person who owns a plot of land was assigned an indefinite group II status before January 1, 2004, then 10,000 rubles from the amount that he is obliged to pay is not taxed.

    For example, the cadastral value of land is 1,000,000 rubles. Only 990,000 will be taxed. The rate is 0.3%. This means that you need to pay 2970 rubles to the budget, instead of 3000 rubles.

    Property tax for individuals

    Group II disabled people do not pay.

    Conclusion

    Disability group II allows a citizen to continue working if special working conditions are created for him. At the same time, the right to use benefits and payments is retained.