The degree of restriction is 2 for disability. Classifications and criteria used in the implementation of medical and social expertise of citizens - Rossiyskaya Gazeta

04.05.2020

A lot is said and written about the notorious Federal Law No. 122. Basically, these are materials of extremely critical content, because the law has given so many reasons for dissatisfaction that a separate manual can be devoted to this. Therefore, we will focus only on those issues that directly relate to the employment of people with disabilities.
The first, which we will not consider in detail, is a change in the provisions on the system of quotas for jobs for people with disabilities. They consist in increasing the average number of employees of the organization from 30 to 100 people in order for it to fall under the quotas for jobs for people with disabilities, and in the abolition of the provision on mandatory payments by the employer to a special fund for non-compliance with these standards. This, of course, transferred the system of job quotas for disabled people more to a declarative state than to a state of a really working system capable of solving the problems of employment of people with disabilities. But, in general, even before that, it did not work effectively in almost any of the regions. Russian Federation(to some extent, Moscow can be recognized as an exception) and did not directly affect most of the disabled. We can assert this at least by the example of the fact that the introduction of a system of quotas for jobs for people with disabilities has nowhere been able to solve the problem of employment of people with disabilities. This helped through administrative penalties from employers who did not want or did not have the opportunity to employ people with disabilities on account of the quota, support specialized enterprises or create special jobs for people with disabilities (as in the city of Moscow). But this affected only a part of the disabled, while the majority of people with disabilities did not notice it. But another change, namely the transfer of payment of social state payments to the dependence not on the disability group, as it was before, but on the degree of limitation of the ability to labor activity was a serious blow to almost all disabled people in our country.
But here, first of all, it is necessary to observe historical justice and destroy one of the very widespread myths - the degree of limitation of the ability to work, as one of the criteria for determining the factors of disability, was developed and approved for action long before the entry into force of Federal Law No. 122. Concept "the degree of restriction of the ability to work" was introduced by the Decree of the Ministry of Labor and Social Development of the Russian Federation of January 29, 1997 No. 1 "On the approval of classifications and time criteria used in the implementation of medical and social expertise." The ability to work is defined in it as the ability to carry out activities in accordance with the requirements for the content, volume and conditions of work. This criterion is included in a number of other restrictions on the ability to live a disabled person, along with the criteria:
ability to self-service;
the ability to move independently;
ability to learn;
ability to communicate;
the ability to control your behavior.
Each limitation is classified according to the degree of severity, indicated by the corresponding degree. In particular, the limitation of the ability to work is classified in the Resolution of the Ministry of Labor and Social Development of the Russian Federation of January 29, 1997 No. 1 "On the approval of classifications and time criteria used in the implementation of medical and social expertise" as follows:
1 degree - the ability to perform labor activities subject to a decrease in qualifications or a decrease in the volume of production activities, the inability to perform work in their profession;
2 degree - the ability to perform labor activities in specially created conditions using auxiliary means, and (or) a specially equipped workplace, with the help of other persons;
3 degree - inability to work.
These classifications were considered in this Resolution only as criteria for the further establishment of the disability group. The criteria for determining the disability group in it is social insufficiency, requiring social protection or assistance, due to health disorders with persistent, significantly pronounced dysfunction of the body, caused by diseases, consequences of injuries or defects, leading to a pronounced restriction of one of the categories of life activity or their combination.
Interestingly, in the criteria for establishing the first group of disability, the degree of limitation of the ability to work, in contrast to the other five degrees of limitation of life activity, does not appear. To establish the second group of disability, the ability to work must correspond to the second or third degree, and for the third group of disability - the first degree. In accordance with the Decree of the Ministry of Labor and Social Development of the Russian Federation of January 29, 1997 No. 1 "On the approval of classifications and time criteria used in the implementation of medical and social expertise", the degree of disability affects the assignment of a disability group, but not vice versa. But it is necessary to take into account and psychological factors compliance of the degree of restriction of the ability to work and the disability group, as well as the fact that the overwhelming majority of disabled people by the time of the next examination in the medical and social examination service already had an established disability group. And many people with disabilities, if they wish to draw up an individual rehabilitation program for themselves, undergo an examination with a disability group established for an indefinite period.
That is, specialists ITU Bureau in many cases, you have to deal with the opposite process - a person has a disability group, and he needs to assign a degree of disability. In this case, the degree of disability is already established in accordance with the group of disability, otherwise it will result in a violation of the provisions of the Resolution we are examining. Recall that the degree of limitation of the ability to work is not clearly linked to the disability group (in contrast to other criteria for limitation of life activity, where there is a clear prescribed connection), and this leaves the task of assigning the degree of limitation of the ability to work, depending on the opinion of medical staff. social expertise.
Now let's take a closer look at the classification according to the severity of restrictions on the ability to work. First of all, we note that the wording for defining a person with a disability to the third degree "incapacity for work" simply does not stand up to scrutiny. If you toughly approach this criterion, then not a single person will fit it. An acquaintance lawyer from the city of Samara told the story of how in France one girl, who is completely immobilized and does not speak, successfully works as a model in art schools. And her disability, on the contrary, helps in this difficult profession, since it is easier for her than for others not to move for a long time. This example shows that everyone can work under certain conditions. And it is impossible to attribute to the third degree of limitation of the ability to work neither the disabled who move in wheelchairs (even if their cervical vertebrae are damaged and the activity of the hands is weakened), nor the totally blind, nor people with Down syndrome (this list can be continued for a long time), since all of them can definitely work. Some - when creating the necessary conditions for them in the workplace, some - only in a limited number of specialties, others - only at home, but all of them can work. And if you clearly adhere to the formulation "inability to work," then none of them should not be assigned a third degree of restriction of their ability to work.
And you can approach the consideration of the above situations from the other side. A person moving in a wheelchair, due to architectural inaccessibility, cannot leave his home, because of the inadequacy of public transport, he cannot get to the intended place of work, and he cannot work at home due to the lack of a telephone and cramped living conditions. That is, this disabled person is able to work due to the state of his health, but cannot work due to the social factors of his life. And this can also be recognized as "inability to work". The same arguments can be made for people with other types of disabilities. These arguments are more than enough, but the whole question is who and how will evaluate them. Moreover, in the Decree of the Ministry of Labor and Social Development of the Russian Federation of January 29, 1997 No. 1 "On the approval of classifications and time criteria used in the implementation of medical and social expertise" it is said that the criteria for establishing a disability group are precisely the social problems of an individual due to his limitations in the possibilities of health. And the consideration of social factors is such a subjective process that it is not possible to bring it under a single classification, which is clearly demonstrated by the indicated Resolution.
Attention is drawn to the extent to which the formulations used in the Resolution are vague and allow a person with one type of restriction to be attributed to different degrees, depending on his profession. Let's give an example: a man worked as a miner, but as a result of an injury he lost his sight. Of course, he is supposed to be assigned a second or even a third degree of restriction of the ability to work, since for work now he needs a change of profession and the creation of special working conditions at a new workplace, and if all this is not available to him, then he will be "incapable of labor activity ". And if the same person worked as a massage therapist before receiving disability, and even received some of his clients at home, then in order to continue his professional career, he only needs to reduce the amount of work he does, or even this is not required. This all pulls only the first degree of restriction of the ability to work or even its absence, a kind of "zero" degree, when a disabled person does not need any additional conditions or rehabilitation measures to continue working in his specialty. At first glance, everything seems to be logical and correct, but at the same time two unsolvable questions arise.
The first question is who and how will assess the level of professional fitness of a person after receiving a disability (the ITU service employs mainly specialists medical profile). When examining for disability, entries in the work book are not taken into account, respectively, there is no way to determine whether a person will be able to continue working in his previous specialty. And even if a work book is being considered, will it give a lot of information about a person's professional capabilities? Unlikely. There are no mechanisms and procedures to obtain information about a person's professional capabilities. Therefore, the basis for making a decision on the suitability of a disabled person to a particular degree of ability to work remains the subjective opinion of specialists in medical and social expertise, which can be based only on the level of their knowledge, impressions about the capabilities of a particular person and information provided by the disabled person himself. Indeed, it would be strange to imagine how an ITU employee summons a person undergoing a disability assessment to give testimony or travels to the organizations where he worked. But what about a disabled person who has no work experience? Assess the level of his professional education, and on its basis make a verdict on the degree of restriction of the ability to work? This will be an even more subjective opinion.
The second insoluble issue is the problem of a possible change in the position of a person with a disability in the labor market. That is, suppose that a disabled person who, due to his professional position, has been given a reduced degree of restriction on the ability to work, will lose his job, which is quite common in today's socio-economic conditions. And it is likely that it will be difficult for him to get a job in a new organization (if this were not the case, then in our country there would be no problem in finding a job for people with disabilities). But unless in this case, the disabled person will automatically increase the degree of restriction of the ability to work? No, this will only be possible with the next examination for disability, which, in accordance with the current legal regulations, is carried out no more than once a year. So there is a situation where people with the same limitations due to disability may have completely different degrees of limitation of their ability to work, and all this is very dependent on subjective factors.
On August 22, 2005, a new Resolution of the Ministry of Health and Social Development of the Russian Federation No. 535 was adopted "On the approval of classifications and criteria used in the implementation of medical and social examination of citizens by federal government agencies medical and social expertise. "But it did not make any noticeable changes in the existing system of classification of degrees of limitation of the ability to work. The only innovation concerned the definition of the third degree of limitation of the ability to work activities.
This has further increased the dependence of a person with a disability on the subjective assessment of his capabilities by ITU specialists, because what is "contraindication to work" is not spelled out anywhere. And it turns out that under the plausible pretext of protecting the health of a disabled person, the medical and social expertise can literally impose a ban on his desire to work. This is more like discrimination, when some people decide for other people (in this case, ITU specialists for the disabled) what they can and cannot.
Some clarity in the process of determining each of the degrees of limitation of the ability to work was brought about by the criteria for their establishment, which we give below:
IV. Criteria for Establishing the Degree of Restriction of Ability to Work
8. The ability to work includes:
a person's ability to reproduce special professional knowledge, skills and abilities in the form of productive and effective work;
the ability of a person to carry out labor activities in a workplace that does not require changes in sanitary hygienic conditions labor, additional measures for the organization of labor, special equipment and equipment, shifts, rates, volume and severity of work;
a person's ability to interact with other people in social and labor relations;
ability to motivate work;
the ability to comply with the work schedule;
the ability to organize the working day (organization of the work process in a time sequence).
9. Assessment of indicators of the ability to work is carried out taking into account the existing professional knowledge, skills and abilities.
10. The criterion for establishing the 1st degree of limitation of the ability to work is a health disorder with a persistent moderately severe disorder of body functions caused by diseases, consequences of injuries or defects, leading to a decrease in the qualifications, volume, severity and intensity of the work performed, the inability to continue working in the main profession with the possibility of performing other types of work of lower qualifications in normal working conditions in the following cases:
when performing work in normal working conditions in the main profession with a decrease in the volume of production activity by at least 2 times, a decrease in the severity of labor by at least two classes.
when transferring to another job of lower qualifications in normal working conditions due to the inability to continue working in the main profession.
11. The criterion for establishing the 2nd degree of restriction of the ability to work is a health disorder with a persistent pronounced disorder of body functions caused by diseases, the consequences of injuries or defects, in which it is possible to carry out labor activities in specially created working conditions, using auxiliary technical means and (or ) with the help of others.
12. The criterion for establishing the 3rd degree of restriction of the ability to work is a health disorder with a persistent, significantly pronounced disorder of body functions caused by diseases, the consequences of injuries or defects, leading to a complete inability to work, including in specially created conditions, or contraindications to work ...
Despite the fact that in the criteria for establishing each of the degrees of limitation of the ability to work, the words “health disorder with persistent, significantly pronounced dysfunction of the body, caused by diseases, the consequences of trauma or defects,” still remain at their basis social factors. This is clearly demonstrated by all the provisions from paragraph 8 about what the concept of "ability to work" includes. How else can you evaluate, for example, a person's ability to reproduce special professional knowledge, skills and abilities in the form of productive and effective work, a person's ability to interact with other people in social and labor relations or the ability to comply with a work schedule, except through the prism of his professional capabilities and specialty in which he works / can, wants to work.
But, literally directly in the Decree, it is said about the social factors of the criteria for establishing the degrees of limitation of the ability to work in paragraph 9, which says that "the assessment of indicators of the ability to work is made taking into account the existing professional knowledge, skills and abilities." That is, it is officially recognized that for people with disabilities with the same disabilities in health opportunities, but at different educational levels and / or in different professions, different degrees of limitation of the ability to work can (and even should) be established.
The problems already described earlier remain and even become even more relevant and, in today's situation, do not have a solution. It is difficult to imagine how ITU staff can assess the professional knowledge, skills and abilities of a person with a disability. It is only likely that, by analogy with the medical and social examination, a professional one will also be carried out, based on the demonstration of their skills by the disabled in their specialty. For example, a shoemaker will show how quickly and skillfully he repairs shoes, and on the basis of this, ITU specialists will draw some conclusions and establish the degree of limitation of his ability to work. Agree - an absurd situation. Perhaps this is precisely why the new Resolution of the Government of the Russian Federation "On the Procedure for Recognizing Citizens as Disabled" provided for the possibility of attracting employees from other departments. In accordance with the new rules, representatives of state non-budgetary funds, the Federal Service for Labor and Employment, as well as specialists of the relevant profile, can participate with an advisory vote in the conduct of a medical and social examination of a citizen at the invitation of the head of the bureau. But what comes out of this and what will come out in practice is a big question.
It turns out that there is a contradiction and inconsistency between the fact that the determination of the ability to work and the assessment of the indicators of the ability to work are based on social factors, and the criteria for establishing the degrees of limitation of the ability to work are more based on medical components. That is, the grounds for establishing the degree of limitation of the ability to work are limitations in the capabilities of a person with a disability due to health problems, which necessarily lead to the need for his social protection.
Let's go back to the example already cited with a miner who lost his sight. Do you think he will be given a third degree of restriction of his ability to work, since his professional knowledge and work skills do not allow him to continue working in his previous specialty or a second degree, since according to medical indicators he can in no way be recognized as "disabled"? The second option is more likely, because in the criteria for establishing the third degree, "a health disorder ... leading to a complete inability to work" is now written, but after all, a blind miner in socio-economic conditions of his region will now not be able to work. A natural question arises - why the criteria for establishing the degrees of limitation of the ability to work do not take into account the possibilities of the local labor market and the conditions for employment of people with disabilities in the region? For example, in rural areas, a person with a disability has much fewer opportunities for work than residents of the city, and, probably, the degree of restriction of the ability to work should be higher. Although, again, who will determine these "regional coefficients"?
The issues of criteria for establishing the ability to work remained not completely clear even after the publication of the new Resolution, which in the conditions of our state leaves a wide field for different interpretations and a variety of practical situations. But we'll talk about this further.
All of the above would not be of fundamental importance if it were not for the amount of monetary payments from the state. Until January 1, 2004, few people with disabilities knew and thought about the degree of restriction of their ability to work in the ITU bureau. In certificates of disability, the degree of restriction of the ability to work was not reflected and it (degree) did not in any way affect the further life of the disabled person. But the "time bomb" had already been laid and was waiting in the wings.
And here it is necessary to destroy one more myth. The size of the basic labor disability pension was tied to the degree of restriction of the ability to work, not in accordance with Federal Law No. 122, but thanks to the legal norms of Federal Law No. 173 "On Labor Pensions in the Russian Federation", adopted on December 17, 2001. The entry into force of these provisions was postponed until January 1, 2004, and for persons with disabilities who were assigned a disability retirement pension prior to this date, the well-known disability groups were used as criteria. Article 31, clause 4 of Federal Law No. 173 "On labor pensions in the Russian Federation" provided that when establishing labor pensions due to persons with a 3, 2 and 1 degree limitation of the ability to work, respectively, are applied when establishing labor pensions before January 1, 2004. , 2 and 3 groups of disabilities. Now, disability groups have no practical significance, and the degree of limitation of the ability to work comes to the fore. Naturally, the highest amounts of payment of the basic labor pension are provided for with the third degree of restriction of the ability to work, lower for the second degree and even less for the first degree.
The difference in the size of the basic labor pension for people with disabilities with different degrees of limitation of the ability to retire is quite significant. It increased even more when, on January 1, 2005, provisions came into force on replacing lost benefits for people with disabilities with cash payments. It is interesting that all the benefits were provided to disabled people exactly in accordance with the group of disability established by them, and compensation payments are provided based on the degree of limitation of the ability to work. This is a very serious matter and may be subject to legal action. Recall that at the moment the amount of compensation payments for people with disabilities for benefits is:
1.with III degree - 1400 rubles
2.with II degree - 1000 rubles
3.with I degree - 800 rubles
4.if the degree is not established - 500 rubles
The transfer of the size of cash state payments depending on the degree of limitation of the ability to work has brought many social problems for people with disabilities. First of all, the problem of choice arose before many disabled people. This choice is somewhat arbitrary, because it is, of course, the specialists of medical and social expertise that determine what degree of limitation of the ability to work to put this or that person with disabilities. But, we have already considered the whole subjectivity of this process, and a lot depends on what goal the disabled person sets for himself. Of course, everyone wants to receive a large state pension, but the opportunity to work is an important component of the economic independence of any citizen. And the following situation develops: if a disabled person is assigned the third degree of restriction of the ability to work, then he receives the maximum amount of the basic labor pension for disability and compensation payments for benefits, but is officially recognized as a disabled person. And if he wants to work and seeks to establish a lower degree of limitation of the ability to work, then the amount of state social payments due to him immediately decreases. That is, disabled people in our state have been deprived of their motivation to work.
In theory, if a person with a disability was given any other than the third degree of restriction on the ability to work, and he does not have a job, he can register with the state employment service as an unemployed citizen and receive unemployment benefits. But it is necessary to take into account the complexity of this procedure for the disabled, because there are almost no architecturally accessible local employment centers, there is no system for the provision of services for the blind and people with disabilities hearing, and every time you re-register monthly, you have to stand in a long queue. In addition, the overwhelming majority of people with disabilities do not have work experience, which means that they can only rely on the minimum unemployment benefit in the amount of the minimum wage (at the moment it is 720 rubles), which will not be able to fully compensate for the losses in the basic labor disability pension and payments for benefits.
It is also necessary to take into account the influence of relatives on the choice of a person with a disability and the fact that state employment programs are ineffective and do not guarantee a disabled person that he will be able to get a job and compensate for his financial losses in the amount of a pension. And it’s not hard to imagine that as a result, a person with a disability would prefer a secure state pension in the maximum amount to a difficult, and not guaranteeing success, job search process.
Below we present an excerpt from a description of the situation with the employment of people with disabilities in one of the regions of the Russian Federation, which is evidence of the difficult prospects for their employment, including through government agencies.
Since last year, the number of people with disabilities appeals to the employment service has significantly increased. In 2004, the number of people wishing to find a job was 40% higher than in the previous year and amounted to 1 thousand 850 people - this has not been the case in the entire history of the Ivanovo Employment Service. The trend continues this year. However, the number of jobs and potential workers applying for them are completely incomparable quantities. The company "Electro" is also unable to improve the situation in any way. More than 70 disabled people working there have already received notice of dismissal. Mandatory quotas were considered the only option for solving the problem of employment of disabled people.
In the process of employing people with disabilities, we repeatedly had to deal with situations when specialists of medical and social expertise themselves tried to put a person with a disability with the third degree of limitation of the ability to work. When Svetlana S. from Moscow (we do not specify her last name at her request), moving in a wheelchair, underwent another disability re-examination in 2004, her "kind" employee of the ITU Bureau even persuaded to agree to a third degree. The reasoning was simple: Svetlana was assigned the first group of disability for an indefinite period, and if she was given a second degree of restriction of her ability to work, then her pension would immediately decrease by almost a thousand rubles and it would be impossible to return it back to the maximum size. Svetlana agreed with these arguments and lost the opportunity to work in the future.
We have repeatedly heard from the side of lawyers, representatives of the public and government agencies of the opinion that the third degree of limitation of the ability to work does not prevent a person with a disability from working. At the interregional conference "Employment of Persons with Disabilities: An Integrated Approach", which was organized and conducted by our organization in the Izmailovo hotel complex in November 2004, a very high-ranking official of the Ministry of Labor and Social Development of the Russian Federation tried to convince us of the same. He stated that the introduction of the degree of limitation of the ability to work degree as a new criterion for the payment of the basic labor pension for disability will not affect the ability of people with disabilities to work. However, in the Federal Law No. 181 "On social protection of disabled people in the Russian Federation", article 23 "Working conditions of a disabled person", it is written that 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 Program rehabilitation of a disabled person. And if the IPR, in accordance with the provisions of Article 11 of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation", is recommendatory for the disabled person himself, then for all organizations, regardless of their organizational and legal forms and forms of ownership, the IPR of a disabled person is mandatory. Consequently, if in the Individual Rehabilitation Program for a person with a disability, the third degree of restriction of the ability to work is put down, then any organization, hiring him, will violate the current legislation. And it is difficult to make claims to her for this. Who wants to have problems with the labor inspection, especially since the legislation will clearly not be on his side?
A striking example of the fact that this problem has an objective nature, and is not a consequence of the stereotypical attitude of employers to the possibility of hiring people with disabilities, can be seen in the example of the Federal State Employment Service. Not a single disabled person can be registered as an unemployed citizen if he has not formed an Individual Rehabilitation Program and, accordingly, has not specified the degree of restriction of his ability to work. If a person with a disability has been assigned the third degree of restriction of the ability to work, then he also cannot be recognized as an unemployed citizen and cannot apply for participation in state programs for the employment of people with disabilities (vocational training courses, clubs for job seekers, temporary employment of socially vulnerable groups population, etc.) And if you make claims, including in court, then you need to start with state organizations, which clearly demonstrate an example of a discriminatory attitude towards the employment opportunities of people with disabilities.
It so happened that the number of disabled people with disabilities has sharply increased in our country. Indeed, since the adoption in 1995 of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" and before the introduction of the degree of restriction of the ability to work, all people with disabilities in our country were considered able to work. In accordance with Article 1 of the aforementioned law, the direct connection between the concepts of "disability" and "ability to work" that existed during the Soviet Union was abolished (when group 1 of disability meant a person's incapacity for work, group II was divided into working and non-working, and group III gave a disabled person the opportunity work). On the one hand, this corresponded to the norms of the UN Standard Rules for Ensuring Equal Opportunities, and on the other, it was a great achievement of the social movement of Russian disabled people. But the Government of the Russian Federation has come up with a new way to return to the classification of disabled people according to their work capabilities.
We have heard different versions of why such a reform has begun in our state. Let's dwell on two of them. The first is the progressive spirit of the Ministry of Labor and Social Development of the time, and the desire, in line with global trends, to translate the definition of disability from medical components to social factors. Here you can quote one of the former Prime Ministers of our Government "they wanted the best, but it turned out as always."
Priority will be given to programmatic activities aimed at creating people with disabilities real conditions for the implementation of rehabilitation and restoration of full-fledged social, professional-labor and family-domestic relations. The priority of these measures is ensured by the allocation of the bulk of the financial resources planned for the implementation of the FTP from the federal budget for their implementation. It is predicted that the implementation of the program will create conditions for reducing the number of disabled people and will ensure an annual return to independent professional, social and domestic activities of up to 150,160 thousand disabled people, which in five years will amount to about 800 thousand disabled people (of which about 30 thousand disabled due to military operations and military trauma ). The economic effect that the state will receive as a result of the implementation of the proposed program is, on average, 2.6-3.5 billion rubles annually. In this case, the calculation takes into account the savings of the federal budget, as well as state extra-budgetary funds, due to the termination of payments to rehabilitated citizens from whom disability has been removed and restrictions on the ability to work (disability pensions, monthly cash payments, compensations, the acquisition of technical means of rehabilitation and other expenses ).
(July 27, 2005 Moscow N1306.
The second looks much less optimistic and is based on the fact that everything that is happening is just part of a plan to reduce our state's spending on social needs, and, in particular, on payments to people with disabilities.
People with disabilities after rehabilitation must return to work. This was announced at the last meeting of the government by the Minister of Health and Social Development Mikhail Zurabov.
In his opinion, the number of disabled people should be reduced by about three times.
According to Rosstat, the total number of disabled people in the country is about 12 million. This, the authorities believe, is too much. Mr. Zurabov is convinced that "if we exclude social disability, then there would be 3.5-4 million disabled people in Russia today." Therefore, the minister believes, it is necessary to refuse to help them through the social security authorities, and in return introduce various benefits for employers and thereby stimulate them to hire people with disabilities.
The meaning of the official’s reasoning is that the government is preparing to reduce social guarantees to those who need them in the first place. This is an attempt to shift the costs of the state, which crippled millions of its citizens in incessant wars and conflicts, onto some abstract employers ...
(Valery Virkunen.
We have an unjustifiably large number of disabled people "- this is the conclusion reached by the ministers who discussed the program of social support for disabled people for 2006-2010. Today their number has exceeded 12 million, and in 2005, 700 thousand people have already become disabled. Head of the Ministry of Health and Social Development Mikhail Zurabov said : people seek to get a disability for the sake of money The amount of additional compensation varies from 500 to 2000 rubles.
(Newspaper Moskovsky Komsomolets dated July 29, 2005).
This is confirmed by the further steps of the Government of the Russian Federation, which reorganized the medical and social expertise service and from January 1, 2005 transferred it from regional subordination to a single federal structure. From that moment on, new trends began to emerge, when people with disabilities began to underestimate the degree of restriction of their ability to work. This was largely due to the Government's dissatisfaction with the policy of the regional services for social protection of the population (which then included medical and social expertise) in determining the degrees of limitation of the ability to work. Until January 1, 2005, payments to people with disabilities were provided by the federal center, and the institutions subordinate to the regional authorities determined how much to pay them (that is, established the degree of restriction of their ability to work). But this did not last long.
President of the All-Russian Society of Slepykh A.Ya. Neumyvakin in an interview with the Russian Invalid newspaper, December 2005:
"A negative consequence of the introduction of Federal Law No. 122 was the widespread practice of underestimating the degree of restriction of the ability to work during the initial or routine examination of disabled people and a corresponding reduction in the amount of their pension. Moreover, in a number of regions, working disabled people were removed from their pensions altogether, assigning them the so-called" zero "the degree of restriction of the ability to work. In the event these disabled people lose their jobs, the degree will not automatically increase, and they will practically be left without a livelihood. Hundreds of offended visually impaired people contact us on this issue."
Alexander Lomakin-Rumyantsev, Chairman of the All-Russian Society of Disabled People:
“In 2004, instead of 3 disability groups, 4 degrees of restriction of the ability to work appeared. They began to determine the size of the pension, benefits, and the amount of compensation in return for benefits. For what this was done, I can only guess. Officials are trying to assign minimum degrees , allowing not to pay a pension at all and to save as much as possible on compensation. conditions, he can work, so he was assigned the second degree of disability (and not the third). Thus, the person was deprived of 1,300 rubles a month. Or here is the conclusion on a disabled person of the III group: "Heavy physical labor, hypothermia are contraindicated." But at the same time "can do the work of a mechanic, a security guard." Accordingly, the degree of restriction is assigned to zero: this means that a person is deprived of his pension, and instead of benefits he is paid the minimum compensation - this year 50 rubles a month. "
If we count how many disabled people of the 1st group previously received the maximum size of the basic labor pension for disability, and now they are given a second degree of restriction of the ability to work (or even even lower) with a corresponding decrease in the amount of state social benefits, then on a national scale the economic effect will be great. To this must be added the benefit from saving on disabled persons of the II group, who are given 1 or "zero" degree of restriction of the ability to work, and it seems like how the goal of the Government was achieved.
But they did not take into account one factor, namely, the transfer of "in-kind" benefits into cash payments, which immediately activated and increased the flow of citizens' requests for certification for disability.
Federal Law No. 122 on the replacement of benefits with monetary compensations guaranteed social support to disabled people, therefore, with its introduction in 2005, the number of people wishing to obtain a disability has sharply increased. According to the Deputy Head of the Main Bureau of the State Service of Medical and Social Expertise on Novosibirsk region Alexander Zakharyan, if earlier a year 18-19 thousand people were diagnosed with disability, then last year for the first time more than 31 thousand people were granted disability. The order of priority in the ITU bureau has increased, which caused discontent among the citizens.
The number of "people wishing to become disabled has increased dramatically," says a senior government official. Everyone loves getting cheap transport tickets and social benefits. Bodies of medical and social expertise do not have time to examine everyone who would like to get a disability. The queue for examination in the country is more than 300 thousand people, and in some regions it has to wait for 4 months. This year the federal register of beneficiaries grew by 11%, exceeding 16 million people.
Konstantin Frumkin.
At a meeting of the Public Reception Office of the Baltic Media Group (BMG), the chief expert on medical and social expertise of St. Petersburg, Alexander Abrosimov, said:
“Often, doctors of medical and prophylactic institutions, without hesitation, send their patients for examination. As long as a person has at least a small hope of increasing his pension, he will go to us,” says A. Abrosimov.
As a result, having lost time in endless queues, the disabled person still does not receive the desired third degree of disability limitation, which frees him from work and guarantees an increase in pension.
"It is unrealistic to quadruple the staffing table of medical and social expertise in order to eliminate queues. The only way out in this situation is to conduct a more careful selection of patients in polyclinics and hospitals at the place of residence. It is often easier for a doctor to write a person to us than to explain himself. the patient's situation ", - the chief expert considers.
Zurabov said that the number of federal beneficiaries this year increased from 14.5 million to more than 16 million, and therefore an additional 17.7 billion rubles had to be allocated for them from the budget. What happened?
Firstly, as the minister admitted, the authorities, starting monetization, did not have accurate data - how many people they actually wanted to make happy. And secondly, pensioners - labor veterans - also went to be disabled. They can be understood: they, the regional beneficiaries, received less payments than the federal ones ...
(Marina Ozerova newspaper Moskovsky Komsomolets from 10.11.2005).
The social "price" of disability, given since the new year by the state under the law on the monetization of benefits, made ordinary pensioners, who sometimes did not have any privileges other than free travel, en masse to strive for this disability. Unlike other privileged categories of the federal level (war veteran, blockade, etc.), disability can be obtained even now. However, too many wanted to "outsmart" the state. Now the registration for the Commission of Medical and Social Expertise (MSE) of the Vologda Oblast in one of its branches is already underway for 2007. The option that you will officially become disabled in a year or two (which means that it is then that you will begin to receive a relatively decent pension, monetary compensation, a social package) does not suit anyone; and people scandal, not understanding why they have to wait so long ...
(Olga Zakharova.
Are there any violations in all the situations presented with the establishment of degrees of limitation of the ability to work? The infringement of the rights of people with disabilities to social protection by the state is obvious, but is there a violation of the current legislation of the Russian Federation? These are very difficult questions and they require serious detailed consideration, which we cannot provide within the framework of this manual, so we will focus on only two main points.
The first is how fair it is to establish the amount of state social payments to people with disabilities depending on only one of the criteria of their life? After all, people with disabilities need social protection measures not only because their work opportunities are limited, but also in many other parameters. People with disabilities can have various problems: with movement, in self-service, when communicating with others, etc. And the causes of their occurrence are medical restrictions for health reasons, and social factors, which in practice turn out to be interconnected.
For example, a person in a wheelchair cannot move freely around the city due to the fact that he does not walk, like others, on his feet, but, at the same time, if the conditions for creating an architecture accessible to disabled people were met, this would level his physical limitations and allowed to solve problems with movement. Another example is that due to objective health problems, a person with hearing disabilities cannot fully communicate with others. But the reasons for this are also the fact that the sign language of the hearing impaired is not recognized as a means of interpersonal communication for all citizens. The solution to the issues of employment of persons with disabilities is impossible without solving all these accompanying social problems of disability. And until the state creates conditions for ensuring equal access for people with disabilities to all aspects of public life, it is impossible to pull out the opportunity to work from the entire spectrum of the socio-economic situation of people with disabilities.
Such a generalized indicator of the need of a person with a disability in social protection measures was the disability group, which is determined on the basis of all criteria for limiting life activity. But now its practical value has been reduced to zero and everywhere the fundamental factor for volumes state support the disabled person is only the degree of restriction of the ability to work. Even the opportunity to receive a second voucher for an accompanying person for sanatorium-resort treatment depends on the degree of restriction of the ability to work (the second voucher is given only to persons with disabilities with a third degree), and not on the degree of restriction of the ability to self-service or the degree of restriction of the ability to move freely. which would be much more logical. It is probably much easier for the social insurance authorities to operate and determine all benefits and services for people with disabilities on the basis of only one criterion. But to what extent this reflects the real picture of the needs of people with disabilities in social protection measures is a big question.
It also raises doubts about fairness when state payments are assigned in accordance with recommendations for work, and not in accordance with the actual socio-economic situation of the disabled person. That is, few people would be outraged if the revision of the size of the pension took place after a person with a disability got a job, but it is simply strange to do this before his actual employment. Moreover, government agencies and the programs they implement do not allow a disabled person to find a job for themselves and make up for the losses from a decrease in pension and benefits compensation payments.
All of the above is a consequence of the state policy in relation to people with disabilities and in the created system social support it is difficult for people with disabilities to find a violation of the current legislation of the Russian Federation. Perhaps the only thing in which one can make claims against the Government is the deterioration of the socio-economic situation of disabled people in our country, for which there is ample evidence.
The second point is the following: do state organizations, represented by individual employees of the federal service of medical and social expertise, have the right to impose restrictions on the possibility of working for citizens with disabilities? Perhaps their conclusions are important for the health of a disabled person, help representatives of the employment service determine what conditions need to be created for his successful professional activity, impose certain obligations on employers, etc. But how fair and, even more so, legal, that this becomes a determining factor for the entire future life of a person with a disability and can act as a ban on his ability to work? If we talk about justice, then would anyone allow doctors to decide for him whether he can work or not? But for some reason this is considered the norm in relation to people with disabilities. If we talk about legality, then this is a direct violation of Article 37 of the Constitution of the Russian Federation, which says that "everyone has the right to dispose of his or her ability to work." Consequently, if a person with a disability has a third degree of restriction on the ability to work, then he has no right to be denied employment opportunities. And this should apply, first of all, to the institutions of the federal state employment service, which now deny services to persons with disabilities with a third degree of limitation of their ability to work. vocational rehabilitation and employment. But the de facto ban on the possibility of an independent job search looks quite discriminatory for these people.
We have presented enough materials demonstrating how complicated the situation of people with disabilities has become after the introduction of degrees of limitation of the ability to work, as a criterion for establishing the amount of state financial support for disabled people. Are you taking any steps to combat this situation? Yes and no. Yes, because public associations of disabled people, both at the federal and regional levels, make claims to state structures on this issue, and the regional authorities themselves, seeing the emerging negative situation, signal this to the federal center. No, because this struggle is of a scattered and uncoordinated nature, and the Government of the Russian Federation has so far easily extinguished attempts to resist these innovations (the word "reform" is hardly appropriate here).
Members of the Sverdlovsk regional organization of the All-Russian Society of the Blind are asking the federal authorities to revise the procedure for determining disability groups and calculating pensions. As stated in their appeal sent to the Minister of Health and Social Development of the Russian Federation Mikhail Zurabov, now, apart from the group, the degree of disability is being established for disabled people. Based on it, the amount of disability pensions is also calculated. "Now a visually impaired person of group I (even completely blind) can be assigned both III and II degrees of loss of ability to work, depending on the presence of concomitant diseases and the ability of the disabled person to work," the appeal says. with degree II is about 660 rubles less than for a disabled person with degree 3. The amount of compensation payments is also lower. In life, it turns out that completely blind disabled people of group I can be given II or III degree, depending on whether this disabled person has other diseases besides blindness and whether, according to doctors, he is capable of work. from their responsibilities for social protection and support of people with disabilities. "
(Sverdlovsk regional organization of the All-Russian Society of Disabled People, Agency of Social Information).
The members of the Committee on Health and Social Protection of the Legislative Assembly (LA) of the Irkutsk Region decided to draw up an appeal to the Prime Minister of the Russian Federation Mikhail Fradkov at a meeting on June 9. The reason for this was the numerous letters from the visually impaired to the regional parliament.
As the head of the department of civil and social legislation Legal Department of AP Elvira Bondareva, the problem is that from January 1, 2004, the calculation of disability pensions began to be made based on the degree of restriction of the ability to work, and not from the disability group, as it was before. Following the norms of federal law, the service of medical and social examination of the Irkutsk region establishes a second degree of restriction for the visually impaired. This means that they are only able to work in specially equipped workplaces.
However, in reality, employers cannot equip workplaces for the visually impaired. Therefore, disabled people of this category do not work, but receive a second degree pension - 792 rubles a month, - explained Elvira Bondareva. - In their appeals to the deputies, they ask for help to change the degree of restriction to the third "incapable of work". In this case, their pension will almost double - up to 1,574 rubles.
Chairman of the Committee Dmitry Baimashev described this problem as "very relevant and important" and noted that it should be addressed at the federal level. He recalled that earlier the administration of the Irkutsk region had already raised the issue of the status of the visually impaired and appealed to the Minister of Health and Social Development Mikhail Zurabov. The deputies decided to appeal to the head of government, hoping that it would be more effective. Deputy Natalya Protopopova was instructed to write the text of the appeal.
(Baikal News Service, news feed June 10, 2005).
The first attempts are being made to challenge the situation in court. We are closely following the trial of one blind disabled person against special. VOS enterprises. He was given a third degree of restriction of his ability to work, and in his recommendation for work they wrote "it is possible to work at a special enterprise of the All-Russian Society of the Blind", where he was successfully working by that time (it is clear that the established degree and the recommendation for work contradict each other). It should be noted that the third degree of limitation of the ability to work was established for a disabled person at his request, since he needed an accompanying person to travel on a voucher to a sanatorium. But, the guide is special. the enterprise, on the basis of his third degree of disability, decided to dismiss the disabled person, which prompted him to go to court.
The court decision has not yet been made, and themselves judicial authorities are in some confusion about the current situation. In any case, this precedent can show what further steps need to be taken to protect the rights of people with disabilities to work opportunities.
A number of public organizations are preparing claims to the Constitutional Court, where they will try to challenge the legality of introducing a degree of restriction on the ability to work as a criterion for determining the amount of state social benefits.
“We are carefully preparing for filing a complaint with the Constitutional Court. This should be given special attention - having lost the case, we will not return to considering it. And the chances are still approximately equal. That is why it is important for us high level there was a withdrawal of the term "degree of restriction of the ability to work" (SOSTD). At one time, we managed to convince the Government to postpone for two years the introduction of this term into legislative framework... But the ministry was never able to prepare clear criteria for determining the SOSTS. And it’s impossible. How to determine any degree in a disabled child who has just graduated from school, has neither qualifications nor work experience, which ITU can assign to him in absentia? Naturally, his degree is reduced, that is, an essentially helpless person is deprived of material support. I have in my hands a specific certificate for 2005 of a disabled person since childhood of the II group. Without taking into account SOSTD, he would receive 1250 rubles, but he is given the first degree, and on this he immediately lost 650 rubles. This is followed by a conclusion prescribing the conditions and nature of work: activities associated with the risk of injury, as well as requiring communication with the team, are contraindicated. Can work as a joiner, carpenter. Do you need comments here? "(Chairman of the All-Russian Society of Invalids AV Lomakin-Rumyantsev in an interview with the Nadezhda newspaper, January 2006).
"I support the opinion of the chairman of the VOI, A.V. Lomakin-Rumyantsev, that the most important task on which we must work together is the abolition of the SOSTD and the return to the previous definition of disability."
(Chairman of the organization of disabled war veterans in Afghanistan A.G. Chepurnoy in an interview with the newspaper "Nadezhda", January 2006).
Hope is pinned on the new United Nations Convention on Persons with Disabilities being drafted. If the norms of state policy on this issue are clearly spelled out there and the Russian Federation signs it (unlike other international legal acts, the Convention is binding on all acceding countries), public organizations and people with disabilities will have another argument to change the course of the current Government ...
On Friday, a three-week session of the UN Committee on the Development of a New Convention on the Rights of Persons with Disabilities ended in New York.
Committee Secretary Sergei Chernyavsky believes that the results of the session met expectations: “The most important result is that it was possible to reach agreement on very many provisions that were contradictory. There were only a few provisions that will be finalized at the next session and the task of the chairman is not to concentrate on the entire text convention, but precisely on these pain points. "
This is the seventh session of the Committee. It was expected that it would be possible, if not to complete the work on the text, then to agree on the main provisions.
The next session of the committee is scheduled for August. If it succeeds in agreeing on all the remaining points, then the new convention will be submitted for approval to the General Assembly in the fall and open for signature.
The future convention is intended to be the first binding international legal act aimed at protecting persons with disabilities. Its draft contains 34 articles providing for the protection and promotion of the rights of this category of the population, the elimination of discrimination against them, ensuring their right to work, health care, education and full participation in the life of society.
“Discrimination against any person on the basis of disability is a degradation of the inherent dignity of the human person,” the preamble of the draft convention says.
(United Nations News Center).
In any case, until the personal composition of the current Government of the Russian Federation changes, and many associate the ongoing reforms in the social sphere with the name of the head of the Ministry of Health and Social Development Mikhail Zurabov, it is difficult to expect significant changes in the current state policy towards people with disabilities. After all, this will mean that the federal policy in relation to people with disabilities, which has been implemented for years, was erroneous and this immediately raises the question of the professional suitability of the current employees of the Government. This, of course, will not happen yet, unless a suitable political situation arises when it will be necessary to find those to blame for the mass discontent of the population with the deterioration in the quality of their lives. But it is certainly not worth waiting for this suitable situation, and it is necessary to take the necessary steps now. They should be:
1. In uniting and coordinating the efforts of all interested structures and organizations to change the current state policy in relation to people with disabilities.
2. It is necessary to determine the specific requirements for the Government, the adoption of which will solve the existing problems.
3. Provide information and support of the requirements to the Government from the general public and the media.
4. Identification of cases of violation of the law in the course of medical and social examination and employment of people with disabilities, the creation of judicial precedents on their basis.
5. Using judicial practice and violation of the current legislation to the provisions of the Constitution of the Russian Federation, draw up an appeal to the Constitutional Court.
We invite to cooperation all interested parties who share our concern about the current situation and are ready to participate in the search and implementation of practical steps to resolve it. There is a lot to be done, but without solving the issues outlined in the material, it is impossible to solve the problems of employment of people with disabilities. Therefore, our organizations are engaged in this, and will continue to do so.

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

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

2 group of disabilities - working

The legislation does not clearly prescribe in the presence of what diseases or health disorders the second group is established. When deciding on the assignment of a disability group, it will be guided by the following data:

whether a person can serve himself or herself or needs the help of third parties;
to what extent the person claiming to receive the group is psychologically adequate, whether it represents a certain danger to society or to himself;
the degree of disability, taking into account the work that the person performed earlier 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 any limb.

Currently, all these criteria are given in the order of the Ministry of Labor 1024n of 12/17/2015. According to him, a person can be assigned if he has moderate disorders in all of the above signs.

The second group of disability is established, as a rule, for a year and to extend it, it is necessary to undergo a re-examination every year, which determines whether the health and disability disorders for which she was assigned remain. Based on the results of the commission's assessment, the group can be saved or canceled.

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

Degrees of disability for the second degree of disability

In addition to the assignment of the most specific disability group, the degree of disability is also established. Like disability groups, there are three of them:

The first degree of disability is the easiest. The person to whom it has been assigned has practically no restrictions on the choice of work, with the exception of difficult, harmful and dangerous conditions.
The second degree already imposes great restrictions. Such a person needs either a specially organized workplace, or special working conditions. The choice of jobs and their time are also limited.
The third degree of disability is the most severe and implies that a 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 of the degree of disability, a note can be put down: "does not have", this means that such a person practically does not have any disabilities, but it still needs to be established that do not contradict the patient's individual rehabilitation card. Also, such a disabled person retains all the benefits provided by labor legislation.

Rehabilitation card for a disabled person

2 group of disabilities - these are people with disabilities

When assigning a disability, in addition to a certificate confirming this, a person who has received a disability is issued a rehabilitation card called: an individual rehabilitation program.

When applying for a job, a person with a disability is obliged 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 does not violate labor laws.

Work and benefits for a disabled person of the second group

Based on the foregoing, we can conclude that the presence of the second group of disability 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 are usually imposed on the length of the working time, 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, which is established by Federal Law No. 181. Benefits provided by law:

the working week of a disabled person cannot be more than 35 hours per week, while maintaining full earnings;
disabled persons should not be involved in overtime work, even with their written consent;
for disabled workers is extended by two calendar days;
also, the employer is obliged to provide disabled persons at their request at their own expense with the preservation of the workplace for up to 60 calendar days. The time of this leave must be agreed independently 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 evade hiring such workers.

Job quotas for people with disabilities

Refuse to hire a person because of his disability does not have the right!

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 the legislation must establish the number of jobs for people with disabilities. This number is set as a percentage of the average headcount of all employees.

Currently, this law is controlled by the employment bodies of the population. In order to find out how many meths for the disabled should be allocated, you need to go there. But it is worthwhile to carefully study the law itself.

In particular, it says that from the average number of employees, from which the number of jobs is considered, it is possible to exclude those for whom, as a result of a special assessment of labor, difficult, harmful and dangerous working conditions were established.

Responsibility for concealing the presence of a disability

Since employers are reluctant to conclude employment contracts with persons with disabilities, as well as in connection with a rather limited list of types of work that disabled people are allowed to do, very often a person does not provide a potential employer with information about the presence of a disability.

Who is responsible for this?

People with disabilities should feel the support of the state!

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

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

If the position provides for the passage of a medical commission, then it is imperative to send the employee to pass it, otherwise, if an accident occurs and in the absence of a medical certificate it turns out that the employee, in addition, had a disability, this can result in serious consequences for the employer.

Termination of an employment contract under clause 5 of part 1 of Art. 83 Labor Code RF with an employee who has an I group of disability, the degree of limitation of the ability to work is the third, it will be lawful if the IPR (IPRA) states that the employee is not capable of working (labor activity is contraindicated).

In the IPR (IPRA), a corresponding mark of the degree of restriction should be made in the column "Ability to work", and in the section "Measures for vocational rehabilitation and habilitation" there should be a conclusion on the types and severity of persistent disorders of human body functions.

Rationale: Recognition of an employee as completely incapable of work is the basis for terminating an employment contract with him under paragraph 5 of part 1 of 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 certificate issued in the manner prescribed 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 the 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 pronounced degree of persistent disorders of human body functions (in the range from 40 to 100 percent), caused by diseases, consequences of injuries or defects, leading to a limitation of the second or third the severity of one of the main categories of human life or the first degree of severity of restrictions on two or more categories of human life in their various combinations that determine the need for social protection (clause 8 of the Classifications and Criteria).

In accordance with clause 10 of the Classifications and criteria, the criterion for establishing the I group of disability is a violation of human health with the fourth degree of persistent disorders of the functions of the human body (in the range from 90 to 100 percent), caused by diseases, consequences of injuries or defects.

The ability to work is the ability to carry out labor 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 elementary labor activity with significant help from other persons or the impossibility (contraindication) of its implementation due to the existing significantly pronounced disorders of the body's functions (clauses "g" clause 6 of the Classifications and criteria).

It follows from these provisions 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), new form which was approved by the 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 individual program rehabilitation or habilitation of a disabled person, an individual program for the rehabilitation or habilitation of a disabled child, issued by federal state institutions of medical and social expertise, and their forms "(hereinafter - Order N 486n). labor activity "(clause 21 of Appendix No. 2 to Order No. 486n), as well as in the section" Measures for vocational rehabilitation or habilitation "should contain a conclusion on the types and severity of persistent disorders of human body functions, in accordance with which recommendations for equipping (equipment) of a special workplace for the employment of 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 N 486n)), or the entry is made: "Indefinitely" (clause 18.4 of Appendix N 2 to Order N 486n). Thus, the instructions in the IPR (IPRA) of only the third degree of restriction of the ability to work, in our opinion, is not enough to consider an employee completely incapable of work, since this degree still presupposes the ability of a disabled person to perform elementary work with a significant help from others. The IPR (IPRA) should have indicated that the employee is completely incapable of work.

Consequently, an employment contract with an employee who has been assigned a group I disability with a third degree of limitation of the ability to work is terminated under paragraph 5 of part 1 of Art. 83 of the Labor Code of the Russian Federation, if the IPR (IPRA) indicates that the employee is incapable of labor activity (labor activity is contraindicated).

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

Hello Svetlana!

I found just such an article after reading the answers of colleagues and your comments.

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

Termination of an employment contract under clause 5 of part 1 of Art. 83 of the Labor Code of the Russian Federation with an employee who has an I group of disability, the degree of restriction of the ability to work is the third, it will be lawful if the IPR (IPRA) states that the employee is not capable of work (work is contraindicated). In the IPR (IPRA), a corresponding mark of the degree of restriction should be made in the column "Ability to work", and in the section "Measures for vocational rehabilitation and habilitation" there should be a conclusion on the types and severity of persistent disorders of human body functions. Justification: Recognition of an employee as completely incapable of work is the basis for terminating an employment contract with him under paragraph 5 of part 1 of 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 certificate issued in the manner prescribed 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 the 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 pronounced degree of persistent disorders of human body functions (in the range from 40 to 100 percent), caused by diseases, consequences of injuries or defects, leading to a limitation of the second or third the severity of one of the main categories of human life or the first degree of severity of restrictions on two or more categories of human life in their various combinations that determine the need for social protection (clause 8 of the Classifications and Criteria). In accordance with clause 10 of the Classifications and criteria, the criterion for establishing the I group of disability is a violation of human health with the fourth degree of persistent disorders of the functions of the human body (in the range from 90 to 100 percent), caused by diseases, consequences of injuries or defects. The ability to work is the ability to carry out labor 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 elementary work activities with significant help from other persons or the impossibility (contraindication) of its implementation due to the existing significantly pronounced disorders of the body's functions (pp. "w" p. 6 Classifications and criteria). It follows from these provisions 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), a 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 expertise, and their forms "(hereinafter - Order N 486n). In this form, an appropriate mark must be made of the degree of restriction in the column "Ability to work" (clause 21 of Appendix No. 2 to Order No. 486n), as well as in the section "Measures for vocational rehabilitation or habilitation" there must be a conclusion on the types and degree the severity of persistent violations of the functions of the human body, in accordance with which recommendations are indicated for equipping (equipping) a special workplace for the employment of 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 N 486n)), or the entry is made: "Indefinitely" (clause 18.4 of Appendix N 2 to Order N 486n). Thus, the instructions in the IPR (IPRA) of only the third degree of restriction of the ability to work, in our opinion, is not enough to consider an employee completely incapable of work, since this degree still presupposes the ability of a disabled person to perform elementary work with a significant help from others. The IPR (IPRA) should have indicated that the employee is completely incapable of work. Consequently, an employment contract with an employee who has been assigned a group I disability with a third degree of limitation of the ability to work is terminated under paragraph 5 of part 1 of Art. 83 of the Labor Code of the Russian Federation, if the IPR (IPRA) indicates that the employee is incapable of labor activity (labor activity is contraindicated).

Recently, more and more people turn to a doctor with serious health problems, but few people know that most of chronic pathologies provides for the design of disability. Disability is a certain condition of a person who has some limitations in physical capabilities, mental or psychological disabilities. But who can confirm this, what degrees of disability exist and what a person who has received the status of a disabled person can expect? Let's figure it out in our article.

Passage of examination

A medical and social examination is a commission of several people that meets to determine the degree of disability, while taking into account general state a person, the presence of any abnormalities that prevent the body from functioning normally. After passing through 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 having this document in hand, a person gets the opportunity to assign one of the disability groups. It is given only on the basis of an expert examination, and all deviations that imply restrictions on the normal functioning of the human body are mainly associated with serious diseases or injuries sustained at birth or throughout life. But what degrees of disability can a person expect? Who is eligible for disability?

Classification and characteristics of disability groups

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

Statodynamic - impairment of motor abilities, for example, limited movements of the head, body, limbs and there are problems with coordination.
Disorders of the psyche, which are characterized by the impossibility of remembering, perception of the surrounding reality, lack of sound thinking.
Speech - stuttering, difficulties in learning writing techniques, the presence of verbal or non-verbal speech.
Problems in the work of the hematopoietic system, metabolic processes, malfunctions of the digestive system or respiratory system.
Physical deformity - the strongest changes in the configuration of the body or its individual parts. This also includes such pathologies as the presence of holes in the respiratory, digestive, urinary system, as well as unacceptable body size, which can adversely affect health.
Sensory - people with poor hearing, vision, smell and improper sensitivity to temperature and pain fit into this category.

Anyone who has one or more of these changes in the body should immediately go to the commission, which will determine the disability. The degree of restriction of the ability to work for each individual patient is determined individually, depending on his diseases and disorders. You can't row everyone with the same brush.

Causes of disability

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

Injuries acquired in the workplace resulting in serious defects.
Occupational ailments.
Birth defects.
Pathologies, wounds and injuries sustained while serving in the ranks of the armed forces.
Diseases caused by the Chernobyl accident.

All people who are 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, disability groups are there?

First group of disability

The first group is considered one of the most difficult degrees of disability. People with significant functional impairments can count on it - highest degree difficulties in movement, communication, learning and inability to control their actions. A person is faced with serious limitations in life, he does not have the opportunity to serve himself on his own, which leads to the fact that he must be constantly looked after. Disability group (1 degree) provides for the provision of everyday functions that are vital. Such people are only marginally capable of self-service.

Disabled people of the first group are mostly disabled, but there are also those who can work - they are blind or deaf and dumb. In most cities, special societies are open, in which special conditions have been created for the work of people with a first-degree disability. People whose lower limbs do not work have the opportunity 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 received by people with minor disorders in the functioning of the body. They can serve themselves on their own and do not require constant supervision. This category may include people less than 150 cm tall or those who do not have the first fingers on their hands.

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

People belonging to the second group of disabilities are able to work, but only on condition that the working day for them is reduced, additional breaks are provided, and the production rate will be significantly reduced.

If all indicators are comprehensively assessed, then the main categories of vital activity can be divided into three degrees:

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

Disabled persons of the third group

People who have been given a third disability group have moderate disturbances in the work of an organ - it can be deafness, inability to navigate or paralysis of the hands. As a disability of the third group, limitation of the 1st degree provides for disturbances in the functioning of the body as a result of diseases, birth defects or injuries sustained in the process of life. The result of such ailments can be a moderately pronounced limitation in working capacity.

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

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

1 degree - these are minor disruptions in the work of the body.
Grade 2 - violations are moderate.
Grade 3 - all violations are pronounced.
4 degree of disability - these are serious malfunctions in the work of the whole organism, which are very pronounced, and it will not be possible not to notice them.

For how long do they give disabled status, re-examination

After the ITU commission recognized a person as disabled, it issues him an appropriate 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 assignment of disability, an extract from the minutes of the meeting of the commission is sent to the local Pension Fund. The first group of disability is assigned to a person for a period of 24 months, and the second and third - for a year.

With regard to disability for a child, in this case, the period for granting the status can be from one year to the moment when he turns 18. Lifetime disability can be established in some cases if it is not possible to reduce the degree or eliminate the limitation of a person's vital activity, which were caused by serious morphological changes or disturbances in the functioning of the body's systems.

That is why, in order to monitor the health of the patient and the state of the disabled person's ability to work, they conduct a regular re-examination. Those patients who have been given an indefinite group may also be referred back to the on their own or on the recommendation of your healthcare professional. Each disabled person has the right to receive material assistance from the state, for each separately taken degree of disability work ability it is determined individually.

Material support for people with disabilities

The main opportunity to provide for the life of disabled people is a pension. To get it, you need to pass the ITU and get one of the three disability groups. A disability retirement pension is a monthly payment given to those with disabilities to compensate for lost earnings.

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

For military personnel monthly payment appointed if the grounds for obtaining a disability group appeared during the service or no later than three months after its completion. Also, a pension can be established for a military man if a person was granted a disability after a long enough period after dismissal. In this case, the main thing is that the injury or illness received, which caused the disability, were acquired precisely during the period of service.

Consider the example of patients with coxarthrosis hip joint, what disability group is allowed and how to correctly formalize it.

Disability with 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 a disability of group 3, limitation of 1 degree or any other, depending on the severity of the disease and the accompanying pathologies ... The main criterion for registering a disability is considered to be the inability of a disabled person to independently perform certain household operations and go to work. As a result, a person loses the opportunity to independently provide for himself and for this reason he is assigned monthly allowance on disability. But what degree of disability with coxarthrosis can a person give and what does he need for this?

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

Most often, with such a disease, the patient is given a disability of 3 groups, a limitation of 1 degree, because the patient is able to serve himself, although he spends a lot of time on it. It is possible to get a second group, but this 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 at least once a person does not appear on the commission, 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 3, a degree of restriction 1, then after the operation it can be taken away, and if surgical intervention did 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 obtain disability, only the commission, having considered all the documents that confirm the presence of pathology and deformity in the joint, will be able to assign the status of a disabled person or not. Thanks to the most modern diagnostic techniques, today it has become much easier and faster to do this. It will be enough to provide the commission with an X-ray, which confirms the presence of joint pathology and the results of arthroscopy. After examining the documents, which will also confirm the fact that the patient is unable to self-serve himself and he has disabilities, the commission makes a decision and assigns a second or third degree disability.

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

In those cases, if the disease has led to the fact that the patient has noticed a shortening of the lower limb, the patient can apply not to the third group, but to the second. But, as practice has shown, this happens only if the leg is shortened by 7 or more centimeters. 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 3, a degree of restriction 1, and then only for a period of one year, and then it is removed, since it is assigned surgery allowing the patient to forget about the disease and start living full life.

But not only adults with certain diseases can receive the status of a disabled person, there is also a category - disabled children.

Disabled childhood

Disability can even be given to children, and the category of disabled child is assigned to those who have not reached the age of majority and have disabilities as a result of congenital trauma or acquired pathology. Receiving serious injuries, which entailed difficulties with independent movement and self-care, the inability to fully study, control their behavior, and concentrate attention is also the basis for obtaining a degree of disability.

To obtain the status of a disabled child, you also need to 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, and prescribes a rehabilitation program.

Pedagogues-defectologists should constantly work with children with disabilities, who teach them all the necessary skills that allow them to better adapt among their peers. They prepare the child for further learning, relying on the preserved body functions. But we can say for sure that in our modern time, disability is not a sentence. Today everyone is calling for everyone to be loyal to disabled people. Many new programs are being developed that allow a person with problems to improve the quality of their life, they have the opportunity to start new life and at the same time do not pay attention to your status.

Healthy people should take into account the fact that a person has not voluntarily become disabled 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 discount on 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 diagnostics.
Have a shorter working day if the group allows the person to work.

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