To determine the degree of disability due to injury or illness, a citizen is required to undergo a Medical and Social Examination (MSE). An examination is carried out on the basis of the submitted documents, including production characteristics.
The employer is obliged to fill out and issue it upon the written request of the employee within three days. If the employment relationship is terminated, the former employer does not have the right to refuse to issue the document.
Previously, the functions of conducting the examination were carried out by the VTEC (medical labor expert commission). With the entry into force of Law No. 181-FZ of November 24, 1995, they were transferred to the MSA (medical and social examination) bodies.
ITU and VTEK
The medical and social expert examination began in 1995 , when Federal Law No. 181-FZ was adopted, which (namely, its Article 7) includes the definition of MSA as an event to help Russian disabled people. This procedure replaced the VTEC, that is, the medical labor commission.
There is no significant difference between these two concepts , except that MSA also applies to people with disabilities who have not reached legal age and its departments are better equipped due to the expansion of funds and opportunities for state support.
Recognition of a disease by an occupational
Many chronic diseases can arise under the influence of the unfavorable conditions that a person experiences at his workplace. If such a pathology occurs, the employee is entitled to compensation. It is paid by insurance. Also, in many companies, a clause is included in the collective agreement for additional compensation from the organization itself if a person develops an occupational disease.
Often, not only the patient himself, but also his employer and the medical worker at the organization’s health center (if there is one) are invited to a meeting of the medical labor expert commission.
The issue of recognizing a disease as an occupational one has serious legal consequences, so VTEK specialists often refer such patients for further examination to specialized institutions with inpatient stay.
Procedure
All people who go for an examination for the first time are interested in how the disability commission goes. This procedure always consists of the following steps:
- Obtaining a referral from your attending physician and collecting the necessary documentation.
- Passing the commission itself, which is attended by medical specialists from different fields. They carefully study the documents confirming the patient’s condition. In addition, doctors have the right to examine the patient and ask him questions regarding his health, living conditions and working conditions. The entire procedure is recorded in a special protocol of the commission.
- Then the experts vote and make a general decision. It is issued to the applicant directly on the day of the examination.
If the members of the commission could not reach a consensus, then the patient may be scheduled for a re-examination. The procedure for conducting MSE is also prescribed at the legislative level in Chapter IV of PP No. 95 of February 20, 2006.
General design requirements
The characteristics have a standard, generally accepted format established by the regulatory documents of the Ministry of Health, and are drawn up on a special form. An organization can produce such a form on its own, since it is printed on ordinary A4 stationery paper.
The characteristic consists of three main parts:
- title;
- basic information;
- date and signature of the head of the employing organization.
The signature of the head of the organization is certified by a seal.
How to pass the commission: algorithm
Step 1
First, you must receive a referral for an examination from a therapist based on the data entered in the outpatient card.
Reference! The rules for recognizing a citizen as a disabled person (clause 20) establish the possibility of requesting the issuance of a referral not only at the place of residence and registration, but also at the place of temporary location.
To submit an application you need to receive the following list of documents:
- direction;
- identification;
- photocopy of the work book;
- in some cases - a certificate of income;
- outpatient card;
- originals and copies of extracts from clinics;
- letters of recommendation from work or educational institution;
- statement;
- act (form N-1) about a work injury or occupational disease.
Possible deadlines for collecting the necessary data may vary depending on the number of papers, reception schedules of organizations from which certificates are required.
Some documents for passing a medical and social examination require proper completion. And it is very important not to make any mistakes. Therefore, our specialists have prepared detailed articles on registration rules:
- application and mailing list;
- production characteristics;
- pedagogical characteristics for students.
Step 2
Making an appointment to pass the commission and determining the exact date in accordance with the deadlines specified in clause 27 of the “Procedure for issuing certificates of incapacity for work” of Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011.
Step 3
Passing a citizen examination. It can take place both in the office and, if necessary, at the patient’s home. As a rule, the institution’s employees (at least three) and other doctors of all necessary profiles are present.
During the examination itself, specialists first of all get acquainted with all the documentation, then they conduct an examination and conversation with the patient, and analyze his condition. All actions and conversations during the work of the commission are recorded.
Step 4
A closed vote of all members of the commission, on the basis of which a verdict is made. Providing the required information about this decision.
Step 5
The fifth article of the mentioned Rules regulates the assignment of disabled status to a citizen if he has been established:
- serious and persistent impairment of body functions due to illness;
- limited abilities for normal life activities;
- need for protection and assistance from the state.
There are other grounds for making various decisions. They are contained in the Order of the Ministry of Labor and Social Protection of the Russian Federation dated December 17, 2015 No. 1024n .
Important! The decision made by the commission is communicated to the patient on the same day on which the examination took place. In case of a positive conclusion, the person is given the original certificate, as well as a scheme for future rehabilitation and treatment developed specifically for him.
Step 6
A citizen’s application with this very certificate to a pension fund or other social organization to receive a pension and other assistance. This must be done within three days after receiving the papers .
In total, in about two months you can actually successfully apply for disability.
However, this does not mean that you can forget about your visit to the ITU office. Depending on the assigned group, disabled people in Russia must confirm their status at certain intervals :
- first group - every two years;
- second and third – annually;
- disabled children - once during the validity of this status.
It is also possible to retake the ITU before the deadline. If this is due to a noticeable deterioration in the citizen’s condition, then whenever, but if not, then the disability should be valid for no more than two more months.
Decree of the Government of the Russian Federation of February 20, 2006 N95 gives citizens the right to challenge the decision of the commission. A period of one month is allotted to appeal the verdict of the local ITU center at the main bureau. The same period applies for a complaint against a decision of the main bureau in the federal center.
In this case, you must bring documents for appeal to the bureau where you have already been examined. It is the government itself that is forced to transfer statements from dissatisfied citizens to higher authorities within no more than three days. The very last body to which one can turn in such proceedings, and whose decision is no longer subject to appeal, is the court.
Required documents
In order for VTEK members to have the opportunity to make an objective and informed decision, the following documents are required:
- completed referral to VTEK;
- medical documentation (outpatient card, extracts from the medical history, examination results, conclusions of consultant doctors);
- a copy of the work book;
- production characteristics for VTEK;
- a disability certificate if the person already has a disability.
If necessary, additional documents may be requested to make an objective decision by VTEK. Decoding and analysis of the received materials allow specialists to determine the degree of disability, its connection with professional activity, as well as the presence of indications for determining the disability group.
Possible difficulties
- The patient himself is in a non-transportable condition or in intensive care. The doctors of the medical institution, his relatives and the company where the patient is employed are then required to collect the papers. His collected documents are transferred to the ITU bureau on the basis of a special certificate confirming the citizen’s inability to deal with everything personally.
- The clinic where the patient is located is a psychiatric clinic, and the situation is similar to the previous one, that is, the person’s condition is very serious. At such moments, a notarized power of attorney is usually drawn up, and his relatives have the right to act on behalf of the patient.
- The citizen is capable of independently registering disability, but the medical institution refused to issue him a referral. The solution to this problem is to request a form in form No. 088/u-06, independently take all the certificates and outpatient card and submit an application to the ITU center.
Expert opinion
Voitova Anna Anatolyevna
Experience in advising on legal issues of individuals - more than 5 years
I would like to dwell in more detail on the category of bedridden patients. Yes, you can call a commission to your home, but collecting additional certificates and documents is inevitable. These actions must be performed by authorized persons. Such persons may include social assistance employees, guardians or trustees, proxies or relatives acting on the basis of a general power of attorney. These powers are based on the norms of civil law, namely Article 185 of the Civil Code of the Russian Federation. When repeating MSE, it is necessary to confirm the patient’s condition; for this, it is necessary to call the therapist assigned to the site to the home. The therapist gives his conclusion in the form of a certificate and all other actions are already performed by the above people.
8 (800) 350-29-87Moscow
Cost and terms of the medical commission for registration of disability
Passing a medical examination about the required social support of a patient is free, but the process may entail additional costs.
- Passing the examination. These may be paid tests that cannot be obtained at municipal medical institutions. The minimum cost is from 100 rubles, the maximum cost is unlimited.
- Transportation (if necessary). Sometimes a special taxi is required - a medical one, the services of which cost 500-1500 rubles. more expensive than a regular taxi.
- Notarial services. Seriously ill patients are allowed to submit an application through a representative whose powers are certified by a notary. Expenses – 1500-2500 rubles.
The cost of passing the medical examination VTEK (ITU) is free.
Behavior rules
- The main thing is to try to focus on your own poor health and the suffering caused by the disease.
- It makes sense to try to win over literally every specialist to your side , to behave gently and politely - after all, each individual vote in the final vote can become decisive.
- If you want to get or extend the group, it is more profitable to answer questions about well-being negatively - a person who feels great and does not experience any particular discomfort is unlikely to be recognized as disabled.
- Do not say too much unnecessary things, answer questions specifically, without vague formulations and unnecessary details.
- If the main goal is not help itself, but receiving a pension, benefits and other pleasant material things, it is important not to show financial interest to the members of the commission . A dismissive attitude and vague answers to questions about your health are likely to turn off most experts.
- React calmly and adequately (better with embarrassment than anger) to any questions from experts , even seemingly tactless ones, and follow all instructions. Each question asked is nothing more than a need to get more reasons for making a decision, so answering them honestly and evenly is in your best interests. Indignation and aggression will most likely lead to a refusal to assign a disability.
- The members of the commission should get the impression that you cannot do without outside help. You need to encourage this in every possible way and indicate what severe and unpleasant restrictions your health condition imposes on your life.
- Consider the specifics of the disease and the severity of its course in your particular case . Certain ailments, for example, hypertension, have their own special assessment criteria, and you need to know them in order to provide the necessary information during the MSEC.
What not to do
- Dress provocatively.
- Paint brightly.
- Bicker and raise your voice at committee members.
List of sample questions
Questions asked may include the following:
- About the development of the disease, well-being in its different stages.
- Regarding professional activity - attitude towards one’s work, desire or unwillingness to continue performing the same duties, as well as the physical ability to do the same job.
- Methods of treatment used, medications, procedures, etc., as well as satisfaction with the result obtained.
- Reasons for performing or avoiding certain types of tests or visiting certain specialists.
- What treatment methods were generally offered to you, whether you agreed or not (and why).
- The financial condition of other family members and relatives, their places of employment - this is in case expensive rehabilitation is required, which is not covered by state subsidies.
- About everyday actions related to the functioning of the body as a whole - food, sleep, stool and others.
- About the actual direct manifestations of the identified disease (pain, etc.).
Procedures such as re-examination and passing a disability commission for children also have their own characteristics. We advise you to familiarize yourself with them.
What questions are asked at the medical council?
To obtain a complete picture of the patient’s medical history, the board conducts a thorough examination by identifying the patient’s response to society in answers to the questions asked.
A person with limited capabilities is interested in a positive outcome of the examination, so it is better to be prepared for a conversation with experts and know what to say
The following common survey options exist:
- The conversation is based on issues related to the patient’s health, so the patient should know the name of his illness and the course of treatment. If possible, the candidate should know the name of the medications he is taking to improve his condition and what procedures he has used to positively develop healthy skills;
- the patient’s social position in society, that is, his work activity, academic success, whether there is a social life;
- personal questions, medical in nature and related to an intimate nature. Open answers will help to create a complete profile of the patient;
- with the maximum loss of ability to self-sufficiency, MSEC finds out information about the person who will care for the incapacitated person;
- to draw up an IPRA, which can be expanded by investing their own funds for treatment, members of the VTEK study the degree of financial situation of the disabled person;
- In order to draw up recommendatory measures sent to city authorities to increase the comfort of a wheelchair user, a conversation may arise about whether the municipal commission to inspect the living quarters of a disabled person conducted studies of living conditions in accordance with the Housing Code of the Russian Federation.
A person with disabilities should imagine how VTEC meetings take place, since the success of registering his disability depends on this, which sometimes depends on the subjective opinion of experts. If you prepare for the standard surveys described and have all the necessary papers available, your chance of success increases significantly.
What does a person need to do to obtain a certificate of disability?
In order to officially receive the status of a disabled person, a citizen must undergo a medical and social examination (MSE). Medical research is carried out by a special commission, which includes specialists of various specializations and areas, as well as experts in the field of psychology, social workers, etc.
An examination of a medical and social nature is the conduct of research into the mental and physical state of a person’s health, the level of his social condition, the purpose of which is to identify the grounds for classifying a citizen as disabled.
Request information about working conditions
The law allows the authorities conducting the survey to request additional data from the organization for which the patient worked. The action is performed if there is not enough information to compile a complete picture of the disease. In this situation, a request is sent about the characteristics of work activity and working conditions. The purpose of the procedure is to define the concept of functional responsibilities that are assigned to the employee.
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The documentation reflects:
- the type of activity in which the citizen is engaged;
- level of complexity of the manipulations performed;
- the position in which the person works and the amount of time the citizen is forced to spend in it;
- duration of rest.
Requests are executed in any form. Information can be transmitted through the patient. The employer must provide information based on the norms of current legislation.
