On the procedure and conditions for recognizing a person as disabled. Documents III. The procedure for referring a citizen

In accordance with the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" the Government of the Russian Federation decides:

1. Approve the attached Rules for recognizing a person as disabled.

2. The Ministry of Health and Social Development of the Russian Federation, with the participation of all-Russian public associations of disabled people, develop and, in agreement with the Ministry of Education and Science of the Russian Federation and the Ministry of Finance of the Russian Federation, approve classifications and criteria used in the implementation of medical and social examination of citizens by federal state medical and social institutions examination.

3. The Ministry of Health and Social Development of the Russian Federation must provide clarifications on issues related to the application of the Rules approved by this resolution.

4. Recognize the decree of the Government of the Russian Federation of August 13, 1996 No. 965 “On the procedure for recognizing citizens as disabled” (Collected Legislation of the Russian Federation, 1996, No. 34, Art. 4127) as invalid.

Chairman of the Government
Russian Federation
M. Fradkov

Rules for recognizing a person as disabled

I. General provisions

1. These Rules determine, in accordance with the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” the procedure and conditions for recognizing a person as disabled. Recognition of a person (hereinafter - a citizen) as a disabled person is carried out by federal state institutions of medical and social examination: the Federal Bureau of Medical and Social Expertise (hereinafter - the Federal Bureau), the main bureaus of medical and social examination (hereinafter - the main bureaus), as well as the bureau of medical and social examination in cities and districts (hereinafter referred to as bureaus), which are branches of the main bureaus.

2. Recognition of a citizen as a disabled person is carried out during a medical and social examination based on a comprehensive assessment of the state of the citizen’s body based on the analysis of his clinical, functional, social, professional, labor and psychological data using classifications and criteria approved by the Ministry of Health and Social Development of the Russian Federation Federation.

3. A medical and social examination is carried out to establish the structure and degree of limitation of a citizen’s life activity (including the degree of limitation of the ability to work) and his rehabilitation potential.

4. Specialists of the bureau (main bureau, Federal Bureau) are obliged to familiarize the citizen (his legal representative) with the procedure and conditions for recognizing a citizen as disabled, and also provide explanations to citizens on issues related to the determination of disability.

II. Conditions for recognizing a citizen as disabled

5. The conditions for recognizing a citizen as disabled are:

a) health impairment with a persistent disorder of body functions caused by diseases, consequences of injuries or defects;

b) limitation of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control one’s behavior, study or engage in work);

c) the need for social protection measures, including rehabilitation.

6. The presence of one of the conditions specified in paragraph 5 of these Rules is not a sufficient basis for recognizing a citizen as disabled.

7. Depending on the degree of disability caused by a persistent disorder of body functions resulting from diseases, consequences of injuries or defects, a citizen recognized as disabled is assigned disability group I, II or III, and a citizen under the age of 18 is assigned the category “child” -disabled person".

8. When a disability group is established for a citizen, it is simultaneously determined in accordance with the classifications and criteria provided for in paragraph 2 of these Rules, the degree of limitation of his ability to work (III, II or I degree of limitation) or the disability group is established without restriction of ability to work.

9. Disability of group I is established for 2 years, groups II and III - for 1 year.

The degree of limitation of the ability to work (no limitation of the ability to work) is established for the same period as the disability group.

11. If a citizen is recognized as disabled, the date of establishment of disability is the day the bureau receives the citizen’s application for a medical and social examination.

12. Disability is established before the 1st day of the month following the month for which the next medical and social examination of the citizen (re-examination) is scheduled.

13. Without specifying the period for re-examination, disability is established if, during the implementation of rehabilitation measures, it is revealed that it is impossible to eliminate or reduce the degree of limitation of a citizen’s life activity caused by persistent irreversible morphological changes, defects and dysfunctions of organs and systems of the body.

14. If a citizen is recognized as disabled, the cause of disability is indicated as a general illness, work injury, occupational disease, disability since childhood, disability since childhood due to injury (concussion, mutilation) associated with combat operations during the Great Patriotic War, military injury, disease received during military service, disability associated with the disaster at the Chernobyl nuclear power plant, the consequences of radiation exposure and direct participation in the activities of special risk units, as well as other reasons established by the legislation of the Russian Federation.

In the absence of documents confirming the fact of an occupational disease, work injury, military injury or other circumstances provided for by the legislation of the Russian Federation that are the cause of disability, a general disease is indicated as the cause of disability. In this case, the citizen is provided with assistance in obtaining these documents. When the relevant documents are submitted to the bureau, the cause of disability changes from the date of submission of these documents without additional examination of the disabled person.

III. The procedure for referring a citizen for a medical and social examination

15. A citizen is sent for a medical and social examination by an organization providing medical and preventive care, regardless of its organizational and legal form, by the body providing pensions or by the social protection body.

16. An organization providing medical and preventive care refers a citizen to a medical and social examination after carrying out the necessary diagnostic, therapeutic and rehabilitation measures if there is data confirming a persistent impairment of body functions caused by diseases, consequences of injuries or defects.

At the same time, in a referral for a medical and social examination, the form of which is approved by the Ministry of Health and Social Development of the Russian Federation, data on the citizen’s health status are indicated, reflecting the degree of dysfunction of organs and systems, the state of the body’s compensatory capabilities, as well as the results of rehabilitation measures taken.

17. The body providing pensions, as well as the body for social protection of the population, has the right to refer for a medical and social examination a citizen who has signs of disability and needs social protection, if he has medical documents confirming impairment of body functions due to diseases, consequences of injuries or defects.

The form of the corresponding referral for medical and social examination, issued by the body providing pensions or the social protection body, is approved by the Ministry of Health and Social Development of the Russian Federation.

18. Organizations providing medical and preventive care, bodies providing pensions, as well as social protection bodies are responsible for the accuracy and completeness of the information specified in the referral for a medical and social examination, in the manner established by the legislation of the Russian Federation.

19. If an organization providing medical and preventive care, a body providing pensions, or a social protection body refuses to send a citizen for a medical and social examination, he is issued a certificate on the basis of which the citizen (his legal representative) has the right to apply at the office yourself.

The bureau's specialists conduct an examination of the citizen and, based on its results, draw up a program for additional examination of the citizen and implementation of rehabilitation measures, after which they consider the question of whether he has any disabilities.

IV. The procedure for conducting a medical and social examination of a citizen

20. A medical and social examination of a citizen is carried out in the bureau at the place of residence (at the place of stay, at the location of the pension file of a disabled person who has left for permanent residence outside the Russian Federation).

21. At the main bureau, a medical and social examination of a citizen is carried out if he appeals the bureau’s decision, as well as upon referral from the bureau in cases requiring special types of examination.

22. In the Federal Bureau, a medical and social examination of a citizen is carried out in the event of an appeal against the decision of the main bureau, as well as in the direction of the main bureau in cases requiring particularly complex special types of examination.

23. A medical and social examination can be carried out at home if a citizen cannot come to the bureau (main bureau, Federal Bureau) for health reasons, which is confirmed by the conclusion of an organization providing medical and preventive care, or in a hospital where the citizen is hospitalized treatment, or in absentia by decision of the relevant bureau.

24. A medical and social examination is carried out at the request of a citizen (his legal representative).

The application is submitted to the bureau in writing, accompanied by a referral for a medical and social examination issued by an organization providing medical and preventive care (the body providing pensions, the social protection body), and medical documents confirming the impairment of health.

25. Medical and social examination is carried out by specialists of the bureau (main bureau, Federal Bureau) by examining the citizen, studying the documents submitted by him, analyzing the social, professional, labor, psychological and other data of the citizen.

26. When conducting a medical and social examination of a citizen, a protocol is kept.

27. Representatives of state extra-budgetary funds, the Federal Service for Labor and Employment, as well as specialists of the relevant profile (hereinafter referred to as consultants) can participate in conducting a medical and social examination of a citizen at the invitation of the head of the bureau (main bureau, Federal Bureau).

28. The decision to recognize a citizen as disabled or to refuse to recognize him as disabled is made by a simple majority of votes of the specialists who conducted the medical and social examination, based on a discussion of the results of his medical and social examination.

The decision is announced to the citizen who underwent the medical and social examination (his legal representative), in the presence of all the specialists who conducted the medical and social examination, who, if necessary, give explanations on it.

29. Based on the results of the medical and social examination of the citizen, an act is drawn up, which is signed by the head of the relevant bureau (main bureau, Federal Bureau) and the specialists who made the decision, and then certified with a seal.

The conclusions of consultants involved in conducting a medical and social examination, a list of documents and basic information that served as the basis for making a decision are entered into the act of a medical and social examination of a citizen or attached to it.

The procedure for drawing up and the form of the act of medical and social examination of a citizen are approved by the Ministry of Health and Social Development of the Russian Federation.

The storage period for a citizen’s medical and social examination report is 10 years.

30. When conducting a medical and social examination of a citizen in the main bureau, the act of the medical and social examination of the citizen with the attachment of all available documents is sent to the main bureau within 3 days from the date of the medical and social examination in the bureau.

When conducting a medical and social examination of a citizen at the Federal Bureau, the act of the medical and social examination of the citizen, with all available documents attached, is sent to the Federal Bureau within 3 days from the date of the medical and social examination at the main bureau.

31. In cases requiring special types of examination of a citizen in order to establish the structure and degree of disability (including the degree of limitation of the ability to work), rehabilitation potential, as well as obtaining other additional information, an additional examination program can be drawn up, which is approved by the head of the relevant bureau (main bureau, Federal Bureau). This program is brought to the attention of the citizen undergoing a medical and social examination in a form accessible to him.

The additional examination program may include conducting the necessary additional examination in a medical or rehabilitation organization, obtaining an opinion from the main bureau or the Federal Bureau, requesting the necessary information, conducting a survey of the conditions and nature of professional activity, the social and living situation of the citizen and other activities.

32. After receiving the data provided for by the additional examination program, specialists from the relevant bureau (main bureau, Federal Bureau) make a decision to recognize the citizen as disabled or to refuse to recognize him as disabled.

33. If a citizen (his legal representative) refuses an additional examination and provides the required documents, the decision to recognize the citizen as disabled or to refuse to recognize him as disabled is made on the basis of available data, about which a corresponding entry is made in the act of medical and social examination of the citizen.

34. For a citizen recognized as disabled, specialists from the bureau (main bureau, Federal Bureau), who conducted a medical and social examination, develop an individual rehabilitation program, which is approved by the head of the relevant bureau.

35. An extract from the medical and social examination report of a citizen recognized as disabled is sent by the relevant bureau (main bureau, Federal Bureau) to the body providing his pension within 3 days from the date of the decision to recognize the citizen as disabled.

The procedure for drawing up and the form of the extract are approved by the Ministry of Health and Social Development of the Russian Federation.

Information on all cases of recognition of persons liable for military service or citizens of military age as disabled is submitted by the bureau (main bureau, Federal Bureau) to the relevant military commissariats.

36. A citizen recognized as disabled is issued a certificate confirming the fact of disability, indicating the disability group and the degree of limitation of the ability to work, or indicating the group of disability without limiting the ability to work, as well as an individual rehabilitation program.

The procedure for drawing up and the form of the certificate and individual rehabilitation program are approved by the Ministry of Health and Social Development of the Russian Federation.

A citizen who is not recognized as disabled, at his request, is issued a certificate of the results of a medical and social examination.

37. For a citizen who has a document on temporary disability and is recognized as disabled, the disability group and the date of its establishment are indicated in the specified document.

V. The procedure for re-examination of a disabled person

38. Re-examination of a disabled person is carried out in the manner prescribed by sections I - IV of these Rules.

39. Re-examination of disabled people of group I is carried out once every 2 years, disabled people of groups II and III - once a year, and disabled children - once during the period for which the category “disabled child” is established for the child.

Re-examination of a citizen whose disability has been established without specifying the period for re-examination can be carried out upon his personal application (application of his legal representative), or in the direction of an organization providing medical and preventive care, in connection with a change in health status, or when carried out by the main bureau, the Federal Bureau control over decisions made by the respective bureau, the main bureau.

40. Re-examination of a disabled person can be carried out in advance, but no more than 2 months before the expiration of the established period of disability.

41. Re-examination of a disabled person earlier than the established period is carried out upon his personal application (application of his legal representative), or in the direction of an organization providing medical and preventive care in connection with a change in health status, or when the main bureau, the Federal Bureau, exercises control over decisions made respectively bureau, main bureau.

VI. The procedure for appealing decisions of the bureau, main bureau, Federal Bureau

42. A citizen (his legal representative) may appeal the decision of the bureau to the main bureau within a month on the basis of a written application submitted to the bureau that conducted the medical and social examination, or to the main bureau.

The bureau that conducted the medical and social examination of the citizen sends it with all available documents to the main bureau within 3 days from the date of receipt of the application.

43. The Main Bureau, no later than 1 month from the date of receipt of the citizen’s application, conducts a medical and social examination and, based on the results obtained, makes an appropriate decision.

44. If a citizen appeals the decision of the main bureau, the chief expert on medical and social examination for the relevant constituent entity of the Russian Federation, with the consent of the citizen, may entrust the conduct of his medical and social examination to another group of specialists from the main bureau.

45. The decision of the main bureau can be appealed within a month to the Federal Bureau on the basis of an application submitted by the citizen (his legal representative) to the main bureau that conducted the medical and social examination, or to the Federal Bureau.

The Federal Bureau, no later than 1 month from the date of receipt of the citizen’s application, conducts a medical and social examination and, based on the results obtained, makes an appropriate decision.

46. Decisions of the bureau, the main bureau, the Federal Bureau can be appealed to the court by a citizen (his legal representative) in the manner established by the legislation of the Russian Federation.

2. The Ministry of Labor and Social Protection of the Russian Federation, with the participation of all-Russian public associations of disabled people, develop and, in agreement with the Ministry of Health of the Russian Federation, the Ministry of Education and Science of the Russian Federation and the Ministry of Finance of the Russian Federation, approve classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination.

No later than 4 years after the initial recognition of a citizen as disabled (establishment of the category “disabled child”), if it is revealed that it is impossible to eliminate or reduce during the implementation of rehabilitation measures the degree of limitation of the citizen’s life activity caused by persistent irreversible morphological changes, defects and dysfunctions of organs and systems of the body ( except as specified in these Rules);

No later than 6 years after the initial establishment of the category “disabled child” in the case of a recurrent or complicated course of a malignant neoplasm in children, including any form of acute or chronic leukemia, as well as in the case of the addition of other diseases that complicate the course of a malignant neoplasm.

Establishing a disability group without specifying the period for re-examination (category “disabled child” before the citizen reaches the age of 18) can be carried out upon initial recognition of a citizen as disabled (establishing the category “disabled child”) on the grounds specified in paragraphs two and three of this paragraph, in the absence of positive results of rehabilitation measures carried out to the citizen before his referral for a medical and social examination. In this case, it is necessary that in the referral for a medical and social examination issued to a citizen by the organization providing him with medical and preventive care and referring him for a medical and social examination, or in medical documents in the case of a citizen being referred for a medical and social examination in accordance with these Rules contained data on the lack of positive results of such rehabilitation measures.

For citizens who apply to the bureau independently in accordance with these Rules, a disability group without specifying the period for re-examination (category “disabled child” until the citizen reaches the age of 18) can be established upon initial recognition of a citizen as disabled (establishing the category “disabled child”) in in the absence of positive results of the rehabilitation measures prescribed to him in accordance with the specified paragraph.

13.1. Citizens who are classified as a “disabled child” are subject to re-examination upon reaching the age of 18 in the manner prescribed by these Rules. In this case, the calculation of the periods provided for in these Rules is carried out from the day the disability group is established for the first time after reaching the age of 18 years.

"On social protection of disabled people in the Russian Federation" The Government of the Russian Federation decides:

1. Approve the attached Rules for recognizing a person as disabled.

Application
to the Rules for recognizing a person as disabled
(as amended by the resolution
Government of the Russian Federation
dated April 7, 2008 N 247)

(as amended by Decree of the Government of the Russian Federation dated 04/07/2008 N 247)

1. Malignant neoplasms (with metastases and relapses after radical treatment; metastases without an identified primary focus when treatment is ineffective; severe general condition after palliative treatment, incurability of the disease with severe symptoms of intoxication, cachexia and tumor disintegration).

2. Malignant neoplasms of lymphoid, hematopoietic and related tissues with severe symptoms of intoxication and severe general condition.

3. Inoperable benign neoplasms of the brain and spinal cord with persistent severe impairments of motor, speech, visual functions (severe hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia) and severe liquorodynamic disorders.

4. Absence of the larynx after its surgical removal.

5. Congenital and acquired dementia (severe dementia, severe mental retardation, profound mental retardation).

6. Diseases of the nervous system with a chronic progressive course, with persistent severe impairment of motor, speech, visual functions (severe hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia, ataxia, total aphasia).

7. Hereditary progressive neuromuscular diseases (pseudohypertrophic Duchenne muscular dystrophy, Werdnig-Hoffmann spinal amyotrophy), progressive neuromuscular diseases with impaired bulbar functions, muscle atrophy, impaired motor functions and (or) impaired bulbar functions.

8. Severe forms of neurodegenerative brain diseases (parkinsonism plus).

9. Complete blindness in both eyes if treatment is ineffective; a decrease in visual acuity in both eyes and in the better-seeing eye up to 0.03 with correction or a concentric narrowing of the field of vision in both eyes up to 10 degrees as a result of persistent and irreversible changes.

10. Complete deaf-blindness.

11. Congenital deafness with the impossibility of hearing endoprosthetics (cochlear implantation).

12. Diseases characterized by high blood pressure with severe complications from the central nervous system (with persistent severe impairment of motor, speech, visual functions), heart muscles (accompanied by circulatory failure of IIB-III degree and coronary insufficiency of III-IV functional class), kidneys (chronic renal failure stage IIB-III).

13. Coronary heart disease with coronary insufficiency of III-IV functional class of angina and persistent circulatory disorders of IIB-III degree.

14. Diseases of the respiratory system with a progressive course, accompanied by persistent respiratory failure of II-III degree, in combination with circulatory failure of IIB-III degree.

15. Liver cirrhosis with hepatosplenomegaly and portal hypertension of III degree.

16. Unremovable fecal fistulas, stomas.

17. Severe contracture or ankylosis of large joints of the upper and lower extremities in a functionally disadvantageous position (if endoprosthesis replacement is impossible).

18. End-stage chronic renal failure.

19. Unremovable urinary fistulas, stomas.

20. Congenital anomalies of the development of the musculoskeletal system with severe persistent impairment of the function of support and movement with the impossibility of correction.

21. Consequences of traumatic injury to the brain (spinal cord) with persistent severe impairment of motor, speech, visual functions (severe hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia, ataxia, total aphasia) and severe dysfunction of the pelvic organs.

22. Defects of the upper limb: amputation of the shoulder joint area, disarticulation of the shoulder, shoulder stump, forearm, absence of the hand, absence of all phalanges of four fingers of the hand, excluding the first, absence of three fingers of the hand, including the first.

23. Defects and deformations of the lower limb: amputation of the hip joint area, disarticulation of the thigh, femoral stump, lower leg, absence of the foot.