Passing the ITU and confirming disability: current issues. Where to get information about the presence of disability Legal consultation “Your personal lawyer”

20.10.2021 Medicines 

All complaints about incorrect determination or removal of disability will be reviewed and thoroughly verified. The Ministry of Labor will conduct an audit of disability assignments among children and the elderly, Deputy Minister of Labor and Social Protection of the Russian Federation Grigory Lekarev spoke about this.

The department plans to radically improve the work of the ITU bureau over the next two years and make the service more convenient. “Of course, it is unlikely that it will be possible to ensure that all 100% of citizens who have passed the ITU will be satisfied with its results,” Lekarev noted. “This is understandable, since the main result for which people turn to the ITU, namely the determination of disability, does not occur always and not for everyone. But our task is to make the work of the office as transparent as possible, and the procedure itself comfortable for clients.”

Independent expertise will help make ITU’s work more transparent and objective

Electronic coupon

The Russian Ministry of Labor plans to radically change the appearance of ITU institutions in two years. The introduction of electronic recording, following the example of how many banks, tax inspectorates and Pension Fund client services already work, will help reduce waiting in queues and improve service.

Audit of decisions regarding children

IN Lately The Ministry of Labor receives a lot of complaints about non-assignment of disability or its removal from sick children. The Ministry of Labor has prepared an order expanding the list of diseases and conditions that give grounds for assigning a child a disability. As for the decisions already made, the ministry is going to recheck all controversial issues.

“We are preparing targeted monitoring in relation to all ITU decisions adopted in 2015,” said Grigory Lekarev. “This is, in essence, a detailed audit of decisions made on removing disabilities from children. We will have to look very carefully and analyze the cases and structure of morbidity for those children whose disability group was either removed last year or was not established during re-examination.”

All ITU regional offices of Russia will take part in the audit. “We are ready to present information on the results of the monitoring-audit to journalists within three months,” the deputy minister added.

Currently, about 15% of doctors’ referrals for medical examination are unfounded, and applicants ultimately receive a refusal to establish disability, Lekarev clarified.

According to him, the practice of determining disability varies greatly in different countries. In fact, the number of disabled people in relation to the total population ranges from 2 to 25%. For example, in the Scandinavian countries the percentage is the highest - about 20-25%. This depends on many factors: how the criteria and medical grounds for assigning disability are established in a particular country, whether benefits and cash payments are tied to the status of a disabled person, what assistance programs the state implements. In Russia, for example, people with disabilities have not only state cash benefits and free medicines, but also significant benefits for utility bills, travel, and so on. Therefore, the removal of disability is almost always perceived by people as extremely painful, the official explained.

On average around the world, according to statistics, the number of people with disabilities is about 10% of the population. “Russia is on trend in this regard; our population’s disability rate is about 9%,” clarified Grigory Lekarev.

Independent examination

Another fundamental decision: the Ministry of Labor, together with the Ministry of Health, are working on creating an institute of independent expertise. Citizens who remain dissatisfied with the decision of the ITU and decide to defend their opinion in court will be able to pass it.

“I can’t yet say how independent bureaus will work, who will finance them. If the client himself, then, obviously, it is necessary to think about how to avoid a conflict of interest,” the deputy minister noted. “Nevertheless, I assume that it will still be commercial establishments." But it is possible that such structures will be created under charitable foundations.

The task is posed as follows: we need an independent authority that would have the same competencies as the ITU. “These should not just be doctors, who, unfortunately, are not always well acquainted with the regulatory framework for conducting medical and social examinations. These should be specially trained people,” Lekarev said. “The Institute of Independent Expertise will be a sobering link for the entire ITU system,” the deputy minister added.

Disabled people will give an assessment

Another innovation that should improve the quality of service and ITU’s loyalty to clients: this year the Ministry of Labor will begin conducting surveys of disabled people at the exit from ITU institutions. “These are a kind of exit-pools, we want to conduct them together with public organizations. We will conduct a survey according to certain criteria: admission, announcement, results, explanations, availability of information at stands, so that people can really evaluate the work of institutions,” Lekarev said.

Help "RG"

The number of disabled people in Russia over the past two years has decreased by 270 thousand people - from 12.69 million in 2013 to 12.42 million in 2015. Patients themselves and human rights activists attribute this, in particular, to the fact that after new rules for determining disability came into force in 2014, ITU institutions began to refuse patients more often. Social activists believe that the reason is to save budget funds, because when a disability is removed, a person is deprived of the right to free medicines and benefits. Grigory Lekarev assured that there are no “pitfalls” and there are no unspoken orders or guidelines to tighten decision-making either. Let us remind you that Deputy Prime Minister Olga Golodets proposed that the Council under the Government of the Russian Federation on issues of guardianship in the social sphere conduct an audit of appeals from people with disabilities. The Ministry of Labor audit is the first step in this direction.

Dad will stay home

Initiative

Fathers of disabled children will be able to receive a deferment from military service until the child reaches the age of 10.

Now such a deferment is provided for by law, but it is valid only until the child turns three years old. This procedure does not provide normal conditions for the treatment and rehabilitation of disabled children, especially if the young family lives far from relatives and does not have financial support, says the author of the initiative, member of the State Duma Committee on Labor, Social Policy and Veterans Affairs, co-chairman of the All-Russian Society of Disabled Persons Alexander Lomakin-Rumyantsev . According to him, many families with such children, after the father leaves for service, are left with virtually no means of subsistence.

The bill, if adopted, will allow young people of conscription age who have a disabled child under the age of 10 to receive a deferment if the conscript is the only breadwinner in the family.

Anyone who is classified as disabled is assigned a rehabilitation program. Making an expert decision In addition to examining the citizen himself, the commission will be interested in the social and living conditions of his life and work. Was there any harm in the workplace? Based on medical reports, the commission concludes whether the patient has recovered from the illness and to what extent he needs social support. A person is unconditionally recognized as disabled if:

  • the subject needs the help of social protection authorities;
  • the patient has persistent dysfunctions of the body, his health is significantly compromised;
  • permanent loss of performance.

ITU certificate - what is it and how to get it? Once a citizen has passed the examination, he is issued an ITU certificate. It indicates when (timing), where (in which institution) and on what basis the examination was carried out.

What kind of fraud do ITU St. Petersburg bureaus encounter?

  • Come to the Pension Fund to obtain a copy of a certificate from a special examination report of a person considered disabled. In addition, this certificate must be officially certified.
  • Fill out an application according to the sample to the ITU state institution located at the place of registration, explaining the circumstances of the damage or loss of the certificate.
  • Contact the institution responsible for issuing such certificates, providing a document from the internal affairs bodies, copies of the conclusion from the pension fund authorities and a statement explaining the fact of the loss of the ITU certificate.
  • Please note: this confirmation of the results when passing the VTEC (stands for medical-labor expert commission) is carried out in any form with the obligatory indication of the data of the medical institution that made the MSE for the applicant.

Passing the MSE and confirming disability: current issues

  • act on a case of occupational disease;
  • conclusion of the state labor protection inspector, other officials monitoring the state of labor protection and compliance with labor legislation, on the causes of damage to health;
  • medical report on occupational disease;
  • a court decision establishing the fact of an accident at work or an occupational disease.

In case of MSA, the causes of death of a disabled person are additionally presented:

  • a copy of the medical death certificate;
  • extract from the protocol (card) of the pathological examination;
  • a copy of the certificate of disability of the deceased, issued by the federal government agency medical and social examination;
  • medical documents of the deceased disabled person available to the applicant.

You can do it online. The application must be filled out in Russian.

What information does the disability certificate form contain?

The Bureau considers complaints about the work of lower authorities and conducts re-examination. Who has the right to send to ITU? The following shall be sent for examination: 1) the social protection authority; 2) pension authority; 3) medical institutions. If these organizations refuse to give a referral to ITU, then they issue a certificate of this refusal. You can submit the latest document to the bureau yourself.

Documentation required for ITU I. Copy and original of passport or other document that proves identity. II. An application for conducting an ITU, which must be written on the day of submitting the documentation.
III. Form, which is direction. IV. For those who work - information regarding working conditions. V. Also for workers – a copy of the work record book. And for those who do not work - the original work book and its copy. VI.

MSE procedure simplified for disabled people

  • Federal Bureau of Medical and Social Expertise (or simply Federal Bureau);
  • main bureaus of medical and social examination for the relevant subject Russian Federation;
  • ITU main bureau for workers of certain industries with particularly hazardous working conditions and the population of certain territories (hereinafter referred to as the main bureaus):
  • branches of the main bureaus in cities and regions (hereinafter referred to as simply bureaus).

At the same time, you can contact the federal structure only to appeal the decision of the main bureau or by its referral in cases of particularly complex special types of examination. Citizens have the right to contact the regional structure - the main bureau - only with a complaint about its branch (just a bureau) or also at the direction of the bureau in cases requiring special types of examination. Citizens do not have the right to choose a bureau to conduct an examination.

MSE certificate (medical and social examination) - what is it and when is it necessary?

What did this deception ultimately turn out to be like for the patient? “We informed the Pension Fund and social protection authorities that he is not entitled to any benefits. The disability was removed. Everything happened quite quickly: the man had not yet received his pension and there was nothing to punish him for. However, a new order of the Ministry of Labor and Social Protection has now come into force.


In accordance with it, we must report any attempt to deceive law enforcement officers, even if the person did not manage to cause damage to the budget of the Russian Federation. The order states: “If during and as a result of the MSA, a reasonable doubt arises that a citizen has submitted forged documents and deliberately false information, the head of the bureau sends the relevant materials to the prosecutor’s office.” This is, of course, a difficult requirement to meet. It is not always possible to take upon yourself the courage to accuse a person of deception.

Information about the peculiarities of re-passing the commission is also useful. The Pension Fund and Social Security can issue a referral to the ITU in accordance with Order of the Ministry of Health and Social Development No. 874. If all of the listed organizations refuse a person a referral, then he can file a complaint with the ITU office.
The next step in the examination procedure is collecting documents. Moreover, a list of them is most often issued along with the referral. This list includes:

  • A document proving the identity of a person and his guardian.
    If a child under 14 years of age needs a disability, then his birth certificate and the passport of one of his parents are needed.
  • All medical papers that confirm health problems.

How to check an MSE disability certificate

Registration and deadlines The maximum allowable time for ITU according to the regulations is 30 calendar days from the date of application. Moreover, this takes into account the time required for all additional examinations. The date is calculated from the date of registration of the application for carrying out the ITU in the journal of incoming documentation.

Next, 5 days are given from the date of registration to send an invitation for examination. If some documents are missing for the examination, the citizen is given 10 calendar days to provide them. On the day of the examination, a citizen should not wait in line for more than 30 minutes.

If you need additional examinations, their program should be drawn up at the office on the day of the examination, so as not to send the sick person several times. However, the applicant has the right to refuse these examinations - he is given another 5 working days to do this. Based on the results of the inspection, a report is drawn up.
Extracts from it are sent within three days from the moment the decision is made to the pension authorities - if the person is recognized as disabled, or to the employer and the insurer - if we are talking about loss of professional ability. At the same time, a rehabilitation program should be sent. At the request of a citizen, an extract can be issued to him only if he himself applied for MSA.


Attention

Military registration and enlistment offices must receive information about the disability of conscripts within two weeks. How to appeal an examination If you are dissatisfied with the decision of the ITU, you can appeal it to the main bureau and then to the federal bureau. Applications for appeal must be submitted at the place where the examination (examination) was carried out.


It is advisable to clearly state all existing objections. You have the right to provide new information about your health and request that it be officially requested.

Important

Disability Commission Why do you need an ITU certificate, what is it? These questions interest many. More on this below. ITU Bureau are divided into territorial, federal or main. A citizen can undergo examination at any location. A referral to ITU can be issued:

  • municipality;
  • the clinic or hospital where the candidate received therapy recently;
  • By the tribunal's decision;
  • it may be a person's own decision.

The commission must provide certificates and conclusions that confirm loss of ability to work.


The citizen himself or confidant(having a power of attorney certified by a notary) submits an application and finds out the time of the ITU meeting.

Each person who has received a disability is prescribed a course of rehabilitation. In the process of examining the condition, the medical commission looks at his health, living conditions and work. The impact of work on disability is analyzed. Based on the conclusion, a conclusion is made about the need for social support. This creates questions related to the citizen’s employment.

Checking a disability certificate

Disability is established if:

  • A citizen needs help from social security institutions;
  • The person has severe problems with the health and functioning of the body;
  • The person's performance is reduced.

If a disability is established, a certificate is issued, which can be provided when applying for a specialty.

When hiring a person with a disability, the HR department checks the employee’s documents. There are not many ways to check, because information about health limitations is a citizen’s personal information. In cases where the category was obtained during employment, a corresponding mark is placed in the act. But how to check the authenticity of a disability certificate?

How to check the authenticity of a reference number?

When applying for a position, a citizen may not indicate the organization that established the health category. The work book must have the ITU seal.

The original shows the series and number in the following form: “ITU-20117 No. 1889521”.

If there is a suspicion that the certificate was obtained illegally: it was printed and laminated on its own so that it is impossible to determine the type of material and the authenticity of the print, the employer has the right to ask to provide all ITU papers. The verification of papers is carried out by bodies that have access to the Federal Register of Disabled Persons in Russia. To find out about the authenticity of the certificate, contact these authorities and provide the series and number of the document.

These bodies may be:

  1. Medical organization, regardless of activity;
  2. The body that pays pensions;
  3. Social media body protection.

You can quickly find out the answer from the organization that issued the certificate, because access to the registry is clearly open to them.

How to check a certificate by last name?

It is impossible to determine the originality of a document by last name. A counterfeit can only be identified by the number and series through the FID. There are no other ways; access to it is limited and available only to specialized institutions. If there is no number on the certificate, it is fake. Papers without a unique number are not issued to people with disabilities.

Federal Register of Disabled Persons

FRI exists so that people with disabilities have an official resource containing all the necessary information. Answers to questions are on the forum. Information on employment, establishing a health category, receiving a pension and social benefits is on this site. The database of disabled people is not accessible.


To receive data from the Russian IDF, the following conditions are required:

  • The authority is part of the interdepartmental electronic interaction system;
  • The person requesting the data has the right and grounds to receive the materials;
  • The request is correctly completed with all required information.

If necessary, an employer who has the authority to do so can obtain information from the Federal Register of Disabled Persons of the Russian Federation. This process is provided for by the legislation of the Russian Federation, it is controlled in SMEV.

Within a few days the requested data will be sent to the applicant. The organization's response is positive if the evidence is genuine.

Is it possible to hide a disability?

Informing an employer about a disability is a citizen’s right. He is not obliged to provide a certificate if he does not wish to do so. No individual or individual has the right to demand these documents when applying for a job. entity. But if a disabled person does not prove his disability with a certificate, the employer may not take into account his state of health. He is not obliged to provide preferential conditions. Such cases occur if a disabled person is embarrassed by his illness or worries about losing his position.

There is no point in hiding a disability if such activities are contraindicated. This deteriorates a person’s well-being, and the organization in which the disabled person worked is not responsible for this. But if the work is authorized by a doctor, then there is no need to clarify the fact of inferiority during the device. No one can find out about the presence of problems without the employee’s desire.

Conclusion

If you need to check the originality of the certificate, you must contact medical organizations, Pension Fund or social security authorities. If a person, when joining a company or firm, hides the fact that he is disabled, he is acting lawfully. But it is illegal to attempt to create a false disability document. For the use of counterfeit, a criminal case is initiated.

Employees of Moscow social services inspect the apartments of pensioners, disabled people, and low-income families to assess whether they need social assistance, “MK”. If the social worker fails to get into the apartment, social assistance will be denied. Lawyers believe that such actions by the authorities are illegal, as they violate the rights of citizens to privacy and personal space.

Currently in Moscow there is a system of electronic certificates for low-income Muscovites who need government help - pensioners, people with disabilities, families with children, citizens who are in difficult situations. life situation. The electronic coupon is transferred to a social card in the form of points: 1 point is equal to 1 ruble. With the help of the certificate, its owners can purchase food, children's things, household appliances, and rehabilitation equipment.

However, to obtain such a certificate, a certificate of income is no longer enough; the Moscow government decided to check whether Muscovites applying for social assistance actually need it. To do this, social workers will inspect the apartments and, depending on the results of such an inspection, a decision will be made whether the person will receive social assistance in the form of an electronic certificate or not. If a person is not used to opening the door to strangers or for some reason does not allow a social worker into his home, then he will not receive a certificate.

Many beneficiaries perceive such checks without much joy and consider them humiliating. “I applied to the Babushkinsky department of social services for an electronic certificate,” says pensioner Elena Maksimova. “They came to my house to describe the property. We looked at what year the refrigerator, TV, washing machine, what kind of renovation is in the apartment... For example, I live very poorly, I’m ashamed to invite people to my apartment. However, I haven’t lost my pride yet - it’s very unpleasant when other people evaluate you...”

Representatives of social services say that this is not their whim and they act on completely legal grounds. “We are acting on the basis of Moscow government decree No. 215,” explained a specialist from the emergency social services department of the Babushkinsky district. – A special commission is being created to assess the conditions of the poor. Moreover, visits are provided only for secondary applications. For example, if there is a washing machine in the apartment, and the grandmother asks to give her a certificate for the same, we cannot satisfy her request.”

The Social Security Service also reported that if access to the apartment was not provided, then the certificate would not be issued - these are the rules. Is this legal? Lawyers have differing opinions on this issue.

“The visit of social security officers is not a way to humiliate a person, but simply aims to identify citizens who are truly in need. According to the law, an inspection report is also attached to the documents that a person must provide to the social security authorities,” explains lawyer Galina Gudkova. “I believe that such an exit by employees can be justified if a person asks to re-issue a certificate for durable goods (refrigerator, washing machine) machine, tiles), and not for a food certificate worth 2000 points.”

But lawyer Alexey Bondarenko believes that such actions of social workers are a violation of a person’s legal right to privacy. “We have Article 137 of the Criminal Code on violation of privacy, and we also have a higher law - the Constitution, which also protects the personal space of a citizen,” he says. – Resolutions of regional bodies cannot override the Constitution. A person is not at all obliged to open the door to social workers. The main thing here is to create a precedent: someone needs to go to court, or better yet, file a collective statement about the violation of the rights of the poor. And then, by a court decision, this part of the resolution, which talks about visiting pensioners at home, can be canceled.”