What to do with a disabled person of the second group? Help! Which disability groups are working and which are not? Can a disabled person 2

The procedure for recognizing a person as a disabled person is carried out by a federal institution on the basis of a medical and social examination, which takes into account the clinical analyzes of the person, as well as his social, professional, labor and psychological data.

In order to determine disability, we turn to the current legislation:

• Article 1 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in the Russian Federation";
• Order of the Ministry of Labor of Russia dated September 29, 2014 N 664n "On the classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination";
• Decree of the Government of the Russian Federation of February 20, 2006 N 95 (as amended on September 4, 2012) "On the procedure and conditions for recognizing a person as disabled."

There are several criteria for establishing I, II and III disability groups. Let's consider them.

The presence of one or more types of persistent disorders of the functions of the human body within the specified limits:

The presence of the following disabilities (one or more):

The person needs social protection, including rehabilitation.

Disability of any of the groups is given if all 3 conditions are present at the same time. It is established with the following deadline:

• Group I - for two years
• II group - for one year
• III group - for one year

However, there are cases when disability is given without specifying the period of re-examination (for more details, see Appendix to the Rules for Recognizing a Person as Disabled of Decree of the Government of the Russian Federation of April 7, 2008 N 247).

Cash payments to the disabled

In 2015, the Pension Fund of the Russian Federation, taking into account indexation, pays the following funds to disabled people:

* The amount of the UDV includes the cost of the social package (NSO - RUB 930.12.: prescription drugs, sanatorium treatment, round-trip travel to the place of treatment), if you have not abandoned the NSU, then you will receive a UTV minus 930.12 rubles.

** when establishing an insurance pension, the following do not play a role:

• causes of disability
• the period of insurance experience of the person who was insured, the main thing is that it be at least 1 day
• whether work continues
• time of onset of disability (before going to work or after stopping work)

*** is assigned to persons who have received a disability, regardless of the group, as a result of a military injury.

It is worth noting that Federal Law of December 15, 2001 N 166-FZ “On State Pension Provision in the Russian Federation” for some persons establishes an additional state disability pension.

She can count on:

• federal government civil servants
• citizens living in the Far North and in areas with severe climatic conditions
• military personnel and their families
• WWII participants
• Citizens awarded with the badge "Inhabitant of besieged Leningrad"
• citizens affected by radiation or man-made disasters and their families
• astronauts and their families
• flight test personnel

Benefits for disabled people of groups I, II and III (social, tax, property, etc.)

In different regions of the Russian Federation, additional benefits for the disabled may apply, for example, in Moscow in accordance with the decree of the Government of the Russian Federation dated July 30, 1994 No. 890 in 2015, you can get:

• free dental prosthetics;
• orthopedic shoes (free or discounted)
• free prescription drugs
• discount medical supplies
• free public transport

Does a disabled person of the 1st group have the right to receive an apartment?

Article 17 of the Federal Law of July 17, 1999 N 172-FZ provides that families with disabled children are provided with housing at the expense of federal budgetary funds if they need to improve the housing issue. The procedure for granting is regulated in more detail by each subject of Russia separately.

The procedure for providing apartments for persons registered after 01.01.2005. has two options:

1. Obtaining an apartment under a social tenancy agreement. It is necessary to apply to the place of residence in the authorized body for the statement on the improvement of living conditions. If the child's disability is associated with a chronic disease in a severe form, according to the List approved by Decree of the Government of the Russian Federation of June 16, 2006 No. 378, then the apartment will be provided out of turn.
2. Obtaining an apartment under a contract for gratuitous use. In Moscow, the size of the premises provided must be at least 18 sq.m. living space per person at the average market value, which is determined separately in each subject of the Russian Federation. The application is submitted to the Department of Housing Policy and the Housing Fund of Moscow.

Can disabled people drive a car?

The law does not provide for a special restriction for obtaining a driver's license. If a disabled person, regardless of category, passes a medical examination and a driving test, then a driver's license will be issued to him.

Questions like whether a disabled person of group 3 can work as a driver are rare, but with group I, there are many questions. If we return to the beginning of the article, where the definition of disability of group I is indicated, then we will see that it is given to people incapable of self-service and constantly in need of outside help (supervision) from other people.

Therefore, the question of obtaining a driver's license for this category of disabled people, in my opinion, is rhetorical.

It is worth noting that if rights were granted to a disabled person, then, as a general rule, it is impossible to deprive them. However, there is exception in the form of committing a number of administrative offenses:

1. Driving under the influence of alcohol;
2. Repeated excess of the set speed;
3. Repeated violation of traffic rules across the railway tracks;
4. Re-entry into oncoming traffic;
5. Repeated Movement in the opposite direction on one-way traffic;
6. Violation of the Rules of the Road or the rules for the operation of the vehicle, which caused minor or moderate harm to the health of the victim;
7. Leaving the scene of an accident, the participant of which he was.

Do people with disabilities have the right to work?

Issues in the field of labor rights of disabled people of the 2nd group in Russia, as well as 1 and 3, are assigned to the jurisdiction of the federal state authorities and to the bodies of the constituent entities of the Russian Federation. Here we will talk about the most common rights and guarantees provided for by the Labor Code of the Russian Federation and the Federal Law of November 24, 1995. N 181-FZ "".

Number of workplaces:

The state guarantees the establishment in organizations of any legal form of the minimum number of special jobs for the disabled.

• If the number of employees in the company is more than 100, then a quota is set in the amount of 2% - up to 4% of the average number of employees.
• If from 35 to 100 people work, then the constituent entities of the Russian Federation can set a quota of jobs up to 3%.
• If up to 35 people work, then the number of jobs for the disabled is at the discretion of the organization.

In any case, the figures given are minimal and the employer can decide about increasing the number of special jobs that differ from ordinary ones:

1. at the workplace, the equipment (main and additional) with which the disabled person must work must be adapted to the individual capabilities of the disabled person;
2. Workplaces must be equipped to take into account the impaired functions of the disabled.

Now you know for sure whether a disabled person of group 2 can work and receive a pension or not.

: when hiring a disabled person for work, the necessary working conditions are created for him according to his individual rehabilitation program. Any discrimination, including on payment, is not allowed, it is forbidden to worsen the situation of a disabled person in comparison with other employees.

Disabled veterans of the Great Patriotic War fighting for the defense of the Fatherland are given a preferential right over other workers to be left at work with a reduction in workers if they have equal labor productivity and qualifications.

On an equal basis with other citizens, disabled people can work part-time if the working conditions do not contradict their individual rehabilitation program. Such employees are subject to the general rules of Chapter 44 of the Labor Code of the Russian Federation.

If the disabled person works, then he retains all the pensions and EDV, on which he is entitled to count. But a disabled person of the 2nd group due to a general disease can work?

Working hours and rest: disabled people of groups I and II should be given a reduced working week of up to 35 hours with full pay (Example: in an organization, two identical positions are occupied by a disabled employee () and an ordinary employee. A disabled person works 35 hours a week, ordinary employee 40 hours. At the same time, they should have the same salary).

A disabled person may be involved in overtime work, work on weekends and at night, if this does not contradict his state of health. In this case, the disabled person must sign a consent to such work.

Annual leave for the disabled is from 30 calendar days. It is possible to leave without saving salary up to 60 calendar days a year.

Business trips: allowed while granting the disabled person the right to refuse a business trip.

Conclusion

Discussed above
only to a small extent compensate them for their lack of the opportunity to fully live on an equal footing with everyone. It remains to be hoped that the state and society will do more in the future for the well-being of the disabled.

Registration N 6998

In accordance with paragraph 2 of the Decree of the Government of the Russian Federation of August 13, 1996 N 965 "On the procedure for recognizing citizens as disabled" (Collected Legislation of the Russian Federation, 1996, N 34, Art. 4127; 2005, N 7, Art. 560) I order:

Approve, in agreement with the Ministry of Education and Science of the Russian Federation and the Ministry of Finance 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, according to the appendix.

Minister M. Zurabov

Application

Classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination

I. General provisions

1. Classifications used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination determine the main types of violations of the functions of the human body due to diseases, the consequences of injuries or defects, and the degree of their severity; the main categories of human life and the severity of the restrictions of these categories.

2. The criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination determine the conditions for establishing the degree of limitation of the ability to work and disability groups (category "disabled child").

II. Classifications of the main types of violations of the functions of the body and the degree of their severity

3. The main types of violations of the functions of the human body include:

disorders of mental functions (perception, attention, memory, thinking, intellect, emotions, will, consciousness, behavior, psychomotor functions);

violations of language and speech functions (disorders of oral (rhinolalia, dysarthria, stuttering, alalia, aphasia) and writing (dysgraphia, dyslexia), verbal and non-verbal speech, voice formation disorders, etc.);

violations of sensory functions (vision, hearing, smell, touch, tactile, pain, temperature and other types of sensitivity);

violations of static-dynamic functions (motor functions of the head, trunk, limbs, statics, coordination of movements);

violations of the functions of blood circulation, respiration, digestion, excretion, hematopoiesis, metabolism and energy, internal secretion, immunity;

disorders caused by physical deformity (deformities of the face, head, torso, limbs, leading to external deformity, abnormal openings of the digestive, urinary, respiratory tracts, violation of body size).

4. In a comprehensive assessment of various indicators characterizing persistent violations of the functions of the human body, four degrees of their severity are distinguished:

1 degree - minor violations,

Grade 2 - moderate violations,

Grade 3 - severe violations,

Grade 4 - significant violations.

III. Classifications of the main categories of human life and the severity of the restrictions of these categories

ability to self-service;

ability to move independently;

ability to orientate;

ability to communicate;

the ability to control one's behavior;

ability to learn;

ability to work.

6. In a comprehensive assessment of various indicators characterizing the limitations of the main categories of human life, 3 degrees of their severity are distinguished:

a) the ability to self-service - the ability of a person to independently fulfill basic physiological needs, perform daily household activities, including personal hygiene skills:

1 degree - the ability to self-service with a longer expenditure of time, the fragmentation of its implementation, reducing the volume, using, if necessary, auxiliary technical means;

2 degree - the ability to self-service with regular partial assistance from other persons using, if necessary, auxiliary technical means;

3 degree - inability to self-service, the need for constant outside help and complete dependence on other people;

b) the ability to move independently - the ability to independently move in space, maintain body balance when moving, at rest and changing body position, use public transport:

1 degree - the ability to move independently with a longer expenditure of time, fragmentation of performance and reduction of distance using, if necessary, auxiliary technical means;

Grade 2 - the ability to move independently with regular partial assistance from other persons using, if necessary, auxiliary technical means;

Grade 3 - inability to move independently and the need for constant assistance from others;

c) the ability to orientate - the ability to adequately perceive the environment, assess the situation, the ability to determine the time and location:

1 degree - the ability to orient only in a familiar situation independently and (or) with the help of auxiliary technical means;

2nd degree - the ability to orientate with regular partial help of other persons using, if necessary, auxiliary technical means;

3rd degree - inability to orientate (disorientation) and the need for constant assistance and (or) supervision of other persons;

d) the ability to communicate - the ability to establish contacts between people through the perception, processing and transmission of information:

1 degree - the ability to communicate with a decrease in the pace and volume of receiving and transmitting information; use, if necessary, auxiliary technical means of assistance;

2 degree - the ability to communicate with regular partial assistance of other persons using, if necessary, auxiliary technical means;

3 degree - inability to communicate and the need for constant help from other people;

e) the ability to control one's behavior - the ability to self-awareness and adequate behavior, taking into account social, legal and moral and ethical standards:

1 degree - periodically occurring limitation of the ability to control one's behavior in difficult life situations and (or) constant difficulty in performing role functions affecting certain areas of life, with the possibility of partial self-correction;

2 degree - a constant decrease in criticism of one's behavior and the environment with the possibility of partial correction only with the regular help of other people;

3 degree - inability to control one's behavior, the impossibility of its correction, the need for constant assistance (supervision) of other persons;

f) the ability to learn - the ability to perceive, memorize, assimilate and reproduce knowledge (general educational, professional, etc.), mastering skills and abilities (professional, social, cultural, everyday):

1st degree - the ability to learn, as well as to receive education of a certain level within the framework of state educational standards in general educational institutions using special teaching methods, a special training mode, using, if necessary, auxiliary technical means and technologies;

2 degree - the ability to study only in special (correctional) educational institutions for students, pupils with developmental disabilities or at home according to special programs using, if necessary, auxiliary technical means and technologies;

3 degree - inability to learn;

g) the ability to work - the ability to carry out labor activities in accordance with the requirements for the content, volume, quality and conditions of work:

1 degree - the ability to perform labor activities in normal working conditions with a decrease in qualifications, severity, tension and (or) a decrease in the volume of work, the inability to continue working in the main profession while maintaining the ability to perform labor activities of a lower qualification under normal working conditions;

2 degree - the ability to perform labor activities in specially created working conditions, using auxiliary technical means and (or) with the help of other persons;

Grade 3 - inability to work or impossibility (contraindication) of work.

7. The degree of restriction of the main categories of human life is determined on the basis of an assessment of their deviation from the norm, corresponding to a certain period (age) of human biological development.

IV. Criteria for establishing the degree of limitation of the ability to work

8. Ability to work includes:

a person's ability to reproduce special professional knowledge, skills and abilities in the form of productive and efficient work;

the ability of a person to carry out labor activities at a workplace that does not require changes in sanitary and hygienic working conditions, additional measures for the organization of labor, special equipment and equipment, shifts, pace, volume and severity of work;

the ability of a person to interact with other people in social and labor relations;

ability to motivate labor;

ability to follow the work schedule;

ability to organize the working day (organization of the labor process in time sequence).

9. Evaluation 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 moderate disorder of body functions, caused by diseases, the consequences of injuries or defects, leading to a decrease in qualifications, volume, severity and intensity of the work performed, the inability to continue working in the main profession when the possibility of performing other types of work of lower qualification under normal working conditions in the following cases:

when performing work under 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 qualification under normal working conditions due to the inability to continue working in the main profession.

11. The criterion for establishing the 2nd degree of limitation of the ability to work is a health disorder with a persistent, pronounced disorder of body functions, caused by diseases, consequences of injuries or defects, in which it is possible to perform 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 limitation 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 .

V. Criteria for establishing disability groups

13. The criterion for determining the first group of disability is a violation of the health of a person with a persistent, significantly pronounced disorder of body functions, caused by diseases, the consequences of injuries or defects, leading to the restriction of one of the following categories of life activity or their combination and causing the need for his social protection:

ability to self-service of the third degree;

ability to move the third degree;

ability to orientation of the third degree;

ability to communicate of the third degree;

the ability to control one's behavior of the third degree.

14. The criterion for establishing the second group of disability is a violation of the health of a person with a persistent pronounced disorder of body functions, caused by diseases, the consequences of injuries or defects, leading to the restriction of one of the following categories of life activity or their combination and causing the need for his social protection:

ability to self-service of the second degree;

the ability to move the second degree;

ability to orientation of the second degree;

communication skills of the second degree;

the ability to control one's behavior of the second degree;

ability to learn the third, second degrees;

ability to labor activity of the third, second degrees.

15. The criterion for determining the third group of disability is a violation of the health of a person with a persistent moderately pronounced disorder of body functions, caused by diseases, the consequences of injuries or defects, leading to a limitation of the ability to work 1 degree or limitation of the following categories of life in their various combinations and causing the need for it social protection:

ability to self-service of the first degree;

mobility of the first degree;

ability to orientation of the first degree;

communication skills of the first degree;

the ability to control one's behavior of the first degree;

first grade learning ability.

16. The category "disabled child" is determined in the presence of life restrictions of any category and any of the three degrees of severity (which are assessed in accordance with the age norm), causing the need for social protection.

Disability is a condition of a person in which, due to serious health problems, the ability to perform various types of work is limited. Restrictions are different for different people, because of this, this status is usually classified into categories. The issues of establishing a disability group (as before) are dealt with by employees of MSEC (medical and social expertise).

The assignment of a disability group depends on the degree and volume of life impairments, which is provided for by Federal Law No. 181, Article 1:

“Depending on the degree of disorder of body functions and limitation of life activity, persons recognized as disabled are assigned a disability group.”

Disability depending on the degree of the disease

The relevant document describes in detail the procedure for registration and re-registration of groups, clarifies the composition of the main set of privileges for the disabled.

In order for MSEC to confirm disability, certain conditions must be present:

• Persistent disorder of key vital functions provoked by acquired pathology and its severe consequences, trauma, etc.
• Narrowing of the ability to full-fledged self-service, communication with other people, orientation in the environment, self-control.
• The need for medical correction and rehabilitation, social support.

Only one of the mentioned points is not enough to design a group - at least two must be present. All the features of each particular case are carefully checked by competent members of the commission, acting in accordance with the requirements of the law.

There are working and non-working disability groups, this year the criteria for determining them have been revised. Disabled people, according to the law, receive the full right to pension payments, a package of social benefits. What the amount of the pension will be depends on the disability group, in Russia it is expected to increase by the end of the current year.

If two types of pension are required by law at once, then the applicant must choose only one of them. Along with this, the monthly financial payment does not stop, a set of social services is provided, which, if necessary, can be replaced with monetary compensation. Insurance assistance is paid when a person has insurance experience.

During the consideration of questions about the advisability of assigning a disability group, the true cause of the onset of disability should be taken into account. It is allowed to indicate such factors:

• common disease - sluggish pathology or domestic injury;
• injury received during the production process, when a person was at the place of work, on the way to or from it;
• occupational ailments that have arisen as a result of exposure to harmful factors of production;
• wounds acquired in the course of military operations, during the passage of line army service, as well as during the Patriotic War;
• genetic anomalies of development, complications of childhood ailments;
• radiation exposure.

In order to prove the true cause of disability, the applicant is required to provide relevant documentation. In the absence of such, make a note "general disease". Sometimes it happens that disability provoked more than one factor. In this situation, the disabled person himself or his official representative chooses the reason, which will serve as a reason for starting the examination.

1st non-working disability group

Group 1 disability is still regarded as the most problematic for health reasons. It includes people whose body has been diagnosed with significant disorders that cause intractable difficulties with movement, study, communication, etc. A person faces significant limitations in life: he loses the ability to self-service, needs systematic supervision, becomes completely dependent on the help of others.

These are patients with serious diseases such as:

• oncological tumor with numerous metastases, frequent relapses;
• hematological pathologies characterized by poor blood clotting, the formation of cancer cells, etc.;
• complete paralysis;
• amputation of the upper or lower limbs;
• blindness, deafness, dumbness, etc.

People with such pathologies become completely disabled, because their physical condition really does not allow them not only to work, but also to serve themselves. It is extremely rare that they can perform some types of work, but they still need outside care. There are special enterprises where there are suitable conditions for the blind or deaf-mute. People with injured legs are also sometimes involved in certain types of work.

2nd non-working disability group

Disability of the 2nd group can be claimed by people with quite noticeable health disorders, due to which these persons have become almost completely disabled.

Potential Reasons for Group Assignment:

• violations of the digestive tract, pancreas;
• disorders of the central nervous system, PNS;
• deviations in the work of auditory or visual analyzers;
• violations of the functions of the liver, kidney system, heart.

Patients do not need ongoing care, but often they need special adaptations to live. For example, after amputation of one limb, a person is able to move only with the help of a prosthesis, crutches or a wheelchair. Patients who have undergone a bladder resection need special reservoirs to collect urinary fluid.

Although the 2nd disability group is recognized as non-working, professional work is allowed with it if it does not lead to an aggravation of the disease.

For disabled people participating in the industrial process, such benefits are provided:

• short work day;
• additional and extended breaks;
• facilitation of production standards;
• medical supervision.

A disabled person can travel on public transport on a preferential basis, receives a priority right to provide housing, improve living conditions, and connect a telephone line.

3rd disability working group

Disability of the 3rd group will be able to receive persons with a stable, but not critical health disorder. It is assigned to a person for a period of not more than 1 year with further revision. The diseases of the 3rd group include pathologies of the nervous, cardiovascular systems, musculoskeletal system. It can be given, for example, to a person suffering from asthma, rheumatoid arthritis, hypertension and other ailments.

Disabled people can easily perform simple household chores and take care of themselves, they have a “residual” ability to work, so this category is considered a working disability group in Russia. It should be clarified that such persons are guaranteed gentle working conditions. For example, if a person used to work on the night shift, then he can be transferred (if he wishes) to a position in which he can perform duties during the daytime.

Disabled people are entitled to financial assistance on behalf of the state, they are provided with medicines, crutches, a wheelchair, etc. free of charge. If a person is unemployed, then he can pay only half of their cost for some pharmacological drugs and medical prescription goods. It is allowed to use public transport without paying the fare.

Based on the results of the revision, MSEC prolongs or removes disability, and if the patient's health status changes (worse or improve), it can change the group. If the patient is on an old-age pension, an indefinite disability of group 3 may be shown.

Thus, in order to receive a disability group, there must be objective reasons. The applicant is obliged to provide the special commission with a complete package of documents (a list of them is offered above). The latter are official confirmation of the fact of incapacity for work, the need for financial assistance, all kinds of protection from the state.

Question from Ekaterina Nikolaevna:

Good afternoon This is not the first time I turn to you for help and thank you for always helping me!
Today I am writing to you asking for help.
A man works in my organization as the head of a design bureau (mostly on a computer). Today he brought a certificate stating that he is a disabled person of the second group, the cause of disability is a general illness. He also brought an individual rehabilitation program for a disabled person in which it is written:
The ability to self-service - the second degree of limitation
Ability to work - the second degree of restriction
Moderate physical and neuro-emotional stress, all types of radiation, toxic substances are contraindicated.
Can do the job of class 1. Gravity in specially created conditions. The working posture is free, the pace of work is not imposed. Work in the daytime, according to the schedule agreed with the administration, no more than 35 hours a week.
Tell me, please, what should I do in this situation, for the first time in my practice I encounter something like this.
Thank you in advance!

Reply to Ekaterina Nikolaevna:

Greetings, Ekaterina!

We look at the Federal Law of November 24, 1995 No. 181-FZ (as amended on June 29, 2015) “On the Social Protection of Persons with Disabilities in the Russian Federation”

Article 11. Individual program for the rehabilitation of a disabled person
Individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body that manages federal institutions of medical and social expertise, a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost functions of the body, restoring, compensating for the ability of a disabled person to perform certain types of activities.
An individual program for the rehabilitation of a disabled person is mandatory for execution by the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.
The individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with exemption from payment in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures in which the disabled person himself or other persons or organizations independently participate in the payment. from organizational and legal forms and forms of ownership.
The volume of rehabilitation measures provided for by an individual program for the rehabilitation of a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.
An individual rehabilitation program is advisory in nature for a disabled person, he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.
If the technical means of rehabilitation and (or) service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he shall be paid compensation in the amount of the cost of the acquired technical means of rehabilitation and (or) of the rendered service, but not more than the cost of the corresponding technical means of rehabilitation and (or) services provided in the manner established by part fourteen of Article 11.1 of this Federal Law. The procedure for paying such compensation, including the procedure for determining its amount and the procedure for informing citizens about the amount of this compensation, is determined by the federal executive body that develops state policy and legal regulation in the field of healthcare and social development.
The refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give the disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

Article 24
Employers have the right to request and receive information necessary when creating special jobs for the employment of disabled people.

Article 22
Special workplaces for the employment of disabled people are workplaces that require additional measures for the organization of labor, including the adaptation of basic and auxiliary equipment, technical and organizational equipment, additional equipment and the provision of technical devices, taking into account the individual capabilities of disabled people. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and restrictions on their life activity in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the sphere of labor and social protection of the population.

We look at the Order of the Ministry of Labor of Russia dated September 29, 2014 No. 664n “On the classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination” (Registered in the Ministry of Justice of Russia on November 20, 2014 No. 34792)

6. There are 3 degrees of severity of restrictions for each of the main categories of human life:
a) the ability to self-service - the ability of a person to independently fulfill basic physiological needs, perform daily household activities, including the use of personal hygiene skills:
2 degree - the ability to self-service with regular partial assistance from other persons using, if necessary, auxiliary technical means;
g) ability to work - the ability to carry out labor activities in accordance with the requirements for the content, volume, quality and conditions of work:
2 degree - the ability to perform labor activities in specially created conditions using auxiliary technical means ...

We are watching "Labor Code of the Russian Federation" dated December 30, 2001 No. 197-FZ (as amended on October 05, 2015)

Article 92. Reduced hours of work
Reduced working hours are set:
- for employees who are disabled people of group I or II - no more than 35 hours a week;

Thus, your employer is obliged to ensure the creation of a workplace with the necessary characteristics for this employee (disabled person).

A special assessment of working conditions will help you.

That's all for me. Until new notes!

Who is recognized as a disabled person of the 2nd group?

For a citizen to be officially recognized based on the results medical and social expertise(ITU) a disabled person of group 2 in the manner prescribed in, he must be diagnosed with moderate impairments of certain body functions. As a result, a citizen is forcedly limited in his ability to move, orientation in space, communication, learning and work.

Diseases, as a result of which a patient can be assigned a 2nd group of disability, include:

• Mental disorders and disorders.
• Violations of voice and speech formation.
• Deterioration or complete absence of vision, tactile sensitivity.
• Circulatory disorders, respiratory function.
• Various deformations of body parts.

In order for a patient of a medical institution to be referred to the ITU, his attending physician prepares a conclusion, which must indicate:

• What is the current state of health.
• What body functions and to what extent are impaired.
• In what state are the compensatory capabilities of the body.
• What rehabilitation measures have already been taken in order to restore the identified health disorders.

The direction for the passage of the ITU can be issued, in addition to medical institutions, social security authorities and the PFR department, but in each case, a medical report on the nature and causes of the disease is required. The positive opinion of the ITU is required to be confirmed annually. Also approved is a list of diseases, the official diagnosis of which gives the right to assignment indefinitely.

Pensions for disabled people of the 2nd group

Help for disabled people of the 2nd group, as well as people with disabilities from childhood of the 2nd group, the state provides in the form of a monthly payment 3 different types of pensions:

In order for a disabled person of group 2 to be officially assigned, you will need to comply immediately two conditions:

1. The presence of the conclusion of the ITU and the assignment of 2 groups of disability.
2. Work experience (minimum 1 day).

Failure to comply with both conditions leads to the appointment of only a social disability pension. Disability insurance pension is paid to citizens when they reach the age 55 years(women) or 60 years(men). The third type of disability pension is state, it is received by disabled people of the 2nd group of the following categories in sizes:

• military personnel: due to military injury 250% of the amount of social pension, due to illness in military service - 200% of the amount of social pension.
• Citizens affected by: 250% of the amount of the social pension.
• : 200% of the amount of the social pension.
• Awarded with the badge "Inhabitant of besieged Leningrad": 150% of the amount of the social pension.
• astronauts: 85% of earnings.

The amount of pensions for disabled people of the 2nd group in 2019

The amount of payments is regularly indexed and increases. The date of the procedure and the amount of the increase vary depending on the type of pension paid.

The size of the monthly fixed payment to the disability insurance pension has increased by 7.05% since January 1, 2019. At the same time, the cost of one pension point increased:

• basic part of the pension 5334.19 rubles.
• For each dependent RUB 1777.27.
• Retirement point value - RUB 87.24.

Social pension 2 groups in 2018 grew in April by 4.1%. Its size is fixed and is:

• Disabled - RUB 5240.65
• Disabled since childhood - 10481,34 rub.

State pensions also increase from April 1 at the time of the growth of the calculated indicator, which is the social pension. Its value is 5240.65 rubles.

Social benefits for disabled people of the 2nd group

In addition to pensions and, the state provides assistance to disabled people of group 2 in the form of provision. The list includes:

1. The right to free or preferential travel on a single ticket (the cost is 200 rubles) on any type of municipal transport (taxi is an exception), as well as suburban traffic. From October 1 to May 15, disabled people of group 2 can get a 50% discount on trips on intercity public transport lines, and for the rest of the year one free trip back and forth to the place of treatment.
2. Education is provided out of competition, and all disabled students of the 2nd group receive a scholarship.
3. Exemption from paying property tax.
4. Exemption from the payment of transport tax on a car with a capacity of up to 100 hp, granted to a disabled person by the social protection authority.
5. When calculating the land tax rate, the price of the plot (according to the cadastre) is reduced by 10 thousand rubles.
6. Tax deduction of 3000 rubles. monthly for disabled people of the 2nd group, participants in the Second World War, 500 rubles. monthly disabled people of the 2nd group and disabled children.
7. 50% discount for notary services;
8. Exemption from the payment of state duty when applying to the court with a claim in the amount of less than 1 million rubles.
9. Assistance in obtaining legal assistance.
10. Assistance in providing appropriate care for the disabled.

Housing benefits for disabled people of the 2nd group

At the place of their official residence on legal grounds (confirmed by registration), disabled people of the 2nd group enjoy housing benefits:

1. Disabled people and families with disabled children of group 2 enjoy a 50% discount on and on rent, regardless of who owns the occupied premises. The same is true for maintenance fees. Even if the disabled person is not the owner of the premises, but lives in it legally and receives receipts in his name, he is entitled to a discount.
2. Assistance in the priority obtaining of land for housing construction.
3. Housing subsidy.

When queuing for housing, a disabled person of group 2 has priority, all measures must be taken to meet his needs, but the procedure for staging and receiving is determined in each case individually within the framework of local legislation.

Medical care for disabled people of the 2nd group

Working disabled people of the 2nd group each year, upon application to the social security authority, draw up 50% discount to purchase a voucher for a spa treatment recommended by the attending physician, as well as to pay for a trip by any type of public transport (but not a taxi) to the venue and back. For non-working disabled people of the 2nd group, a voucher and travel are provided annually free of charge.

Employed and unemployed disabled people of the 2nd group receive medicines by prescription in a pharmacy with a 50% discount. All necessary medicines are provided to non-working persons in pharmacies free of charge.

Prosthetics and dentures for medical reasons are provided for free.

Benefits for disabled people of the 2nd group

Disabled people of the 2nd group receive benefits - monthly cash payment(EDV). On the ground, payments are established and carried out by the branches of the Pension Fund of the Russian Federation on the basis of applications from citizens, supported by the appropriate package of documents.

Disabled people of the 2nd group (including children with disabilities) from 02/01/2019 are paid monthly - RUB 2,678.31 Also, disabled people of the 2nd group can refuse the approved list of social benefits and receive financial compensation(NSU). In 2019 - 1121.42 rubles. Indexation from February 1, 2019 will be 4.3%. The list of benefits includes:

• Provision of medicines and drugs according to doctor's prescriptions in the amount of 863, 75 rub.
• Voucher for medical indications for sanatorium treatment - 133.62 rubles.
• Payment for tickets to the place of treatment and back - 124.05 rubles.

When, due to a disability of group 2 acquired and confirmed by the ITU, an employee can no longer perform his job duties, the employer dismisses him in accordance with the wording “due to the impossibility of performing his job duties”.

The employer is obliged to pay not only wages and vacation pay, but also an allowance in the amount of the employee's two-week average earnings, calculated on the average daily wage for 12 months at this enterprise and multiplied by 14 days.

Conclusion

The state, represented by social security agencies, the Pension Fund of the Russian Federation, as well as other executive authorities, provides support to disabled people of the 2nd group, by:

• Providing social benefits.
• Financial assistance in the form of pensions and benefits.
• Assistance in providing medicines, housing, preferential travel in transport.
• And a whole host of other measures.

Assistance is provided on the basis of the acquisition of the social status of a disabled person of the 2nd group, and can also be targeted. A disabled person of the 2nd group, who finds himself in a difficult situation, always has the right to apply for humanitarian assistance on an individual basis to the local social security authorities.

The most popular questions and answers to them on social support for disabled people of the 2nd group

Question: Does a disabled person of group 2 have the right to provide him with a free car, and what documentation is required for this?

Answer: Those disabled people of the 2nd group, who stood in line for a free car in the social security authorities before 01/01/2005, really had such a right. However, from 01.01.2005, cars were excluded from the official list of technical means for the rehabilitation of disabled people. Now, instead, a monthly cash payment is due in accordance with