How to establish a disability

Введение

People with disabilities are people who due to persistent disorders of the body's functions may have some limitations in life activity and need special social protection.

The classification of bodily dysfunctions is very complex and disability is divided into different degrees. Someone can easily adapt and fully engage in work, while someone needs constant support from the outside.

In this material, we will describe the procedure for establishing disability, its causes and timing, as well as the degree of disability.

Passing a medical and social examination (MSE)

To establish a disability, you first need to contact a health facility at the place of residence or attachment. There, specialized doctors will diagnose and establish a diagnosis and the degree of functional disorders.

In the presence of persistent dysfunctions of the body, health facilities refer the patient for a medical and social examination (MSE) no earlier than four months from the moment of temporary disability or diagnosis, with the exception of persons with anatomical defects and incurable patients with significant or pronounced dysfunctions of the body and lack of rehabilitation potential.

The MSE is carried out by the territorial divisions of the Committee for Labor, Social Protection and Migration of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan (MSE departments). Their specialists issue a collegial expert opinion based on the examination, assessment of the degree of impairment of body functions and limitation of vital functions, including disability, and the consideration of the submitted documents (clinical and functional, social, professional and other data).

The MSE is carried out at the place of permanent residence, but, in some cases, according to the conclusion of the Medical Consultation Board (MCB), it can be carried out at home, at the place of stay for treatment in health facilities that provide inpatient care, in institutions of the penal system, pre-trial detention centers or in absentia.

Disability criteria

Depending on the degree of impairment of body functions and limitation of vital functions, including the ability to work, a person recognized as a disabled person is assigned the first, second or third group of disability, a person under 7 years of age is assigned a "disabled child" category, and a person from 7 to 18 years old is assigned a category "disabled child" of the first, second, third groups.

The criterion for establishing the first group of disability is a persistent, significantly or sharply expressed dysfunction of the body caused by the diseases, consequences of the injuries or defects, leading to a pronounced limitation of the ability of one of the following categories of life activity or their combination:

  1. to the self-service of the third degree;
  2. to the locomotion of the third degree;
  3. to the labor activity (ability to work) of the third degree;
  4. to the study of the third degree;
  5. to the orientation of the third degree;
  6. to the communication of the third degree;
  7. to the control over the behavior of the third degree.

The criterion for establishing the second group of disability is a persistent pronounced dysfunction of the body caused by the diseases, consequences of the injuries or defects, leading to a pronounced limitation of the ability of one of the following categories of life activity or their combination:

  1. to the self-service of the second degree;
  2. to the locomotion of the second degree;
  3. to the labor activity (ability to work) of the second degree;
  4. to the study of the second degree;
  5. to the orientation of the second degree;
  6. to the communication of the second degree;
  7. to the control over the behavior of the second degree.

The criterion for establishing the third group of disability is a persistent moderately pronounced dysfunction of the body caused by the diseases, consequences of the injuries or defects, leading to a moderately pronounced limitation of the ability of one of the following categories of vital activity or their combination:

  1. to the self-service of the first degree;
  2. to the locomotion of the first degree;
  3. to the labor activity (ability to work) of the first degree;
  4. to the study of the first degree;
  5. to the orientation of the first degree;
  6. to the communication of the first degree;
  7. to the control over the behavior of the first degree.

Disability validity period

The disability is established for the following periods:

  • for persons under 7 years of age - 6 months, 1 year, 2 years, 5 years and until they attain the age of seven;
  • persons from 7 to 18 years of age - 6 months, 1 year, 2 years, 5 years until they reach the age of eighteen;
  • persons over 18 years of age - 6 months, 1 year, 2 years 2 years, 5 years or without a re-examination period.

The disability without a re-examination period is established:

  • according to the List of irreversible anatomical defects;
  • in the case of persistent, irreversible changes and dysfunctions of the body, the ineffectiveness of the rehabilitation measures carried out, the stability of the disability group and dynamic observation of the disabled of the first group for at least 4 years, of the second group - at least 5 years, the third group - at least 6 years;
  • in the case of an unfavorable rehabilitation prognosis for persons of retirement age.

Required documents for passing a MSE

The examination is carried out based on the application for passing a medical and social examination (MSE), with the submission of the following documents:

  1. a referral for medical and social examination;
  2. a copy of the medical part of individual disabled person rehabilitation program, if it is developed by a health facility;
  3. an original and copy of the identity card of the person being examined;
  4. an address certificate or a certificate signed by a rural area governor (akim) or a certificate (in any form) supporting the fact that a person is being held in an institution of penitentiary system or in a pre-trial detention center;
  5. a medical record of an outpatient patient to analyze the dynamics of the disease. If it exists than provide copies of the extracts from the medical history, expert opinions and examination results;

In addition, in certain cases, the following is provided:

  1. a copy of the certificate (coupon) of health facility attachment in the case of PHC facility attachment that is outside the place of permanent residence (registration);
  2. a statement (certificate) of temporary disability is provided by an employed person so that the expert opinion data are entered;
  3. a copy of the document confirming labor activity and (or) information about the nature and conditions of labor in the production facility (filled in by the employer) is provided (if any) during the initial examination by a person of working age, it is mandatory to provide in the cases of industrial injuries or occupational diseases;
  4. a conclusion of MCB, submitted no later than one month from the date of its registration – in the cases of referral for consultation, the need for examination at home, in a hospital or in absentia, referrals for the formation or correction of the IRP;
  5. a document confirming the fact of participation (or non-participation) in the compulsory social insurance system is provided in the cases of initial determination of the degree of loss of earning capacity (LEC) for this social risk;
  6. an original and a copy of the statement of an accident related to the work activity is provided by a person who has suffered an industrial injury or occupational disease;
  7. An original and a copy of the opinion of the National Center for Occupational Hygiene and Occupational Diseases (in any form), that had been issued no later than two years ago, is provided by a person who has received an occupational disease;
  8. An original and a copy of the document issued by the authorized body in the relevant field of activity that established the causal relationship is provided once to determine the cause of disability associated with injury, contusion, trauma, injury, illness;
  9. An original and a copy of the court decision on the causal relationship of injury or illness with the performance of labor (official) duties is provided by a person who has received an industrial injury or occupational disease in the event of termination of the activity of an employer (an individual entrepreneur) or liquidation of a legal entity;
  10. An act of inspection of living conditions of the disabled person is provided by the disabled person or his legal representative, for the development of the social and professional part of the IRP for the improvement of living conditions. The act of inspection of housing and living conditions is carried out by specialists of the local executive bodies;
  11. when submitting an application by a legal representative an original and a copy of his identity card; in case of establishment of guardian (guardianship), the original and a copy of the document confirming the establishment of guardian (guardianship) shall be submitted;
  12. certificate of disability and certificate of the degree of loss of earning capacity are provided in the cases of early re-examination in case of deterioration of health, in order to change the cause of disability, upon revealing the facts of submission of inaccurate documents, an unreasonably issued expert opinion;
  13. An original and a copy of the certificate of the change of name, patronymic, surname are provided upon re-examination in the cases of state registration of the change of name, patronymic (if any), surname of the examined person.

If the information in the documents specified in the list above has already contained in the state information systems and is requested in an electronic format, the documents from the list above should not to be submitted.

Establishing disability

The date of the establishment of disability, the degree of disability is the date of presentation by the examined person or his legal representative to the MSE department of the documents listed in the previous step of the material.

The expert opinion of the MSE department is issued on the day of contact or within ten working days from the date of contact, when sent for consultation to the MSE methodology and control department.

During the MSE, the following causes of disability and (or) the degree of loss of general earning capacity (LGEC) or loss of professional work capacity (LPWC) are determined:

  1. general illness;
  2. labor injury;
  3. Occupational Illness;
  4. disabled since childhood;
  5. disabled children under 7;
  6. disabled children from 7 to 18 years old;
  7. wounds, contusions, mutilations, illnesses received during the performance of official duties, during military service, during the elimination of the consequences of accidents at civilian or military nuclear facilities, or as a result of emergencies at nuclear facilities, as a result of an accident not related to the performance of military service duties (official duties), or a disease not related to the fulfillment of military and service duties, provided that a causal relationship is established by the authorized body of the relevant field of activity;
  8. disabled people due to environmental emergencies, including due to radiation exposure during nuclear explosions and tests and (or) their consequences, provided that a causal relationship is established by the authorized body in the relevant field of activity.

The basis for recognizing a person as a disabled person is the simultaneous presence of the following mandatory conditions:

  1. health disorders with persistent disorders of body functions;
  2. limitation of life activity (complete or partial loss by a person of the ability or ability to carry out self-service, independently move, navigate, communicate, control the behavior, study or engage in the work);
  3. the need to implement social protection measures.

Age-related changes in the body are not grounds for establishing a disability group.

After the disability has been established, you can get a certificate of its confirmation online:

{"id":5039,"source_id":3220,"title":"Certificate of disability verification ","service_code":"P6.08","service_link":"http://egov.kz/wps/myportal/P6.08"}

The online service is provided free of charge, requires an EDS and is provided instantly.