Can a group be removed for life. Can they withdraw an indefinite disability group, in which case, how to challenge an unlawful decision

The legislation does not provide that a citizen wants to remove his disability at will. The procedure for obtaining a disability is complicated; the reverse process physically cannot be. However, there are situations when such a desire arises. How to remove a disability? You can do it in several ways.

Ways to remove disability

On the basis of a medical and social examination, a citizen is assigned a disability group corresponding to the results of the examination (RF Resolution No. 95 of 20.02.2006).

In order to remove a disability, a citizen can:

Do not show up for a scheduled re-examination. According to the rules, disability is established by the 1st day of the month in which it is necessary to re-certification in the ITU. The disability of the first group is reexamined once in two years, the second and third groups - annually, children with disabilities are reexamined once for the entire period for which disability is established. Consequently, if a citizen does not appear for a medical and social examination, the disability will be removed. Together with a disability group, a citizen loses all social privileges provided by the state (discounts on medicines, reduced fares).
Request an early examination. If a disabled person asks to carry out the procedure earlier than the established deadline, then they cannot refuse him. A medical organization may also send a disabled person for an early examination as a result of a change in his state of health. You can request a re-examination no earlier than two months before the current ruling expires. The group will be removed only if an error is found in previous documents or the state of health improves, as evidenced by a medical examination. If, according to the results of the survey, it is established that there are no changes in the state of health, then the citizen's request to remove the disability will remain unfulfilled.

Disability relief documents

Since the removal of disability in any case involves an examination, it is necessary to submit a package of documents that the ITU commission requires.

An application for an examination must be submitted, in which they indicate:

FULL NAME. applicant or official representative;
the name of the medical institution that will conduct the examination (the application is also submitted there);
the series and number of the identity card (civil or diplomatic passport), the date of issue and the place of issue of the document;
justification of why it is necessary to conduct a survey;
date of submission of the application; signature of the person submitting the application.

The original and a copy of SNILS are also submitted (subject to availability).

Both the citizen himself and the person authorized by him can apply for the procedure. To do this, you need to write a power of attorney and notarize it.

In addition, it is necessary to provide medical certificates that confirm the disability. For example, a “disabled since childhood” submits a certificate stating that there are disabilities from birth to 18 years of age.

In the event of an accident at work, an act of accident or occupational disease is submitted, or a court order on the assignment of this condition.

If a citizen cannot come to the ITU himself, then a certificate from a medical organization confirming this is submitted. It is worth remembering that the impossibility of being physically present at the commission is indisputable proof that there has been no improvement in health and the disability cannot be removed.

For any questions.

Grounds for lifting disability

Disability can be removed in several cases:

The citizen did not appear on time for the scheduled re-examination. Within 3c months from the date of expiry of the previous certificate, a disabled person has the right to apply for an examination. If during this period the citizen does not appear, then the disability is removed. In such a situation, it is considered that the citizen is not interested in the group and the benefits and compensations that the state provides to him.
The health of the citizen has improved significantly, as evidenced by the certificates received at the hospital. An exception may be diseases of the musculoskeletal system (it is extremely rare for the legs to become the same length, or the absence of limbs is somehow compensated for).
Also, disability can be withdrawn after the expiration of the period for which it was established. For example, upon reaching the age of majority, for example, according to the results of the commission, the group can be either retained, changed, or removed altogether.

The decision of the commission is based solely on the results of medical examinations. On its own initiative, neither the commission nor any of the doctors will remove the group from the citizen. If the commission decided not to remove the group, then this decision can be challenged through the court.

Most people with serious health problems face the problem. This happens both in the process of processing the documents necessary for the examination, and in the direct passage of the MSEC (medical and social expert commission).

However, for other categories of citizens, a completely opposite question sometimes arises - how to remove disability, that is, what actions should be taken to officially get rid of this status and is it possible.

Can a disability be removed?

The assignment of a disability status to a person with disabilities (HH) and the establishment of an appropriate group (for children - the category of “disabled child”) occurs during the implementation of the MSEC.

This procedure is carried out by federal state medical institutions (MSEC bureaus), in accordance with clauses 1, 2, 7, spelled out in legal document No. 95 "Rules for recognizing a person as a disabled person", approved by the Decree of the Government of the Russian Federation on 20.02.2006.

The procedure for applying for and obtaining a disability is rather complicated and problematic, and it is not possible to physically carry out the reverse process. Legislation does not initially provide for such a turn of events, that is, that a person with a disability group wants to remove it at will. It is also not possible to do this at his request.

However, there are no hopeless situations, and such a difficult issue as the official disposal of the established status of "disabled" on one's own initiative can be resolved in two ways. Which one to choose directly depends on the preferences of the person himself or on his capabilities at a particular time.

Ways to withdraw disability status

In order to get rid of the previously assigned disability status as a result of the MSEC, a citizen of Russia can do the following.

Passing the next examination

A disabled person may not show up for the next routine examination (status confirmation). According to the existing rules, disability is assigned before the 1st day of the month, in which the next re-examination of the MSEC must be carried out.

Disability of the 1st group is confirmed once every two years, the 2nd and 3rd groups - every year. Children with disability status are assigned once for the entire period.

Consequently, it turns out that if a person with disabilities misses a scheduled re-examination for any reason, that is, does not appear at the MSEC, then the disability will automatically be canceled.

In such a situation, along with getting rid of the status, the citizen loses all social privileges (reduced fares, discounts on the purchase of drugs and medical devices) provided by the state.

Early examination

The second active option for removing disability is to conduct an examination ahead of schedule, carried out at the request of a person with this status.

Disability can be removed with improved health

If a disabled person requests to carry out the specified procedure earlier than the due date, then MSEC does not have the right to refuse him. In addition, the medical institution itself sometimes directs to conduct an early examination, taking as a basis positive changes in the patient's state of health.

Attention! An early re-examination may be requested no earlier than 2 months before the expiration of the next assigned disability status.

In such a case, the disability group will be removed only if errors or significant deficiencies are found in the previous documentation, or the patient's health will noticeably improve, which will definitely be noted during the expert medical examination.

If, according to the results of the survey, it turns out that there are no positive changes in the state of health, then the request for cancellation of the disability status will remain unfulfilled.

What documents are required?

Since the cancellation of disability status, regardless of the situation in the second case, involves the conduct of MSEC, it will be necessary to collect a package of documents for their study by the commission.

The applicant must draw up an application for a medical examination with the following information:

Full name of the applicant or his official representative;
the name of the medical institution conducting the examination;
series and number of the passport, date and place of issue;
justification for an extraordinary examination;
date of submission of the application and signature of the person submitting the document;
subject to the availability of SNILS, its original and a copy are attached.

Both a person with disabilities and a person authorized by him can apply for an early re-examination. To do this, you must draw up a notarized power of attorney, which allows you to perform such actions.

Also, all medical certificates confirming a person's disability are provided without fail. For example, for the "" procedure, you need to submit a document that says about life restrictions from birth until the age of 18.

In a situation where an industrial accident has taken place, an act on this incident or on an occupational disease or a court decision on the assignment of disability is submitted. If a sick person is not able to come to MSEC on his own, then an appropriate document from a medical institution confirming this is submitted.

However, the inability to physically be present at the examination is indisputable proof that there have been no changes in the direction of improvement, and, in all likelihood, the disability cannot be removed.

You can get rid of the "disabled" status only when passing the MSEC

Foundations

In several cases, the established status of incapacity for work or childhood disability can be canceled. If a person does not appear at MSEC for the next scheduled re-examination on time.

At the same time, a disabled person has the right to apply for permission to undergo an examination within 3 months from the date of the expiration of the document received last time. If he does not appear during this period, then the disabled status will be lost. Such a situation is seen as disinterest and deliberate refusal from the group, and, consequently, in compensation, benefits and other privileges provided by the state.

The health of the disabled person has improved significantly, which is undoubtedly confirmed by the documentation from the medical institution. Exceptions may be diseases of the musculoskeletal system, since it is very rare in practice that the legs become the same length, or it is possible to somehow compensate for the absence of limbs.

If the disability was established for the child upon reaching the age of majority, the status can be withdrawn earlier than the specified time based on the results of the MSEC. It can either be removed or saved or changed.

The decision of the MSEC is made solely on the basis of the results of medical examinations. On a person's own initiative, neither the commission nor the doctors will be able to revoke the disabled status. In a situation where the examination decided not to remove the group, this decision can be challenged only in case of going to court.

This item is designed only for children who have been diagnosed with malignant tumors, chronic or acute leukemia, as well as severe ailments if the course is complicated by oncological manifestations. To do this, you need to get a certificate confirming the presence of an incurable disease. Documents required to establish an indefinite disability group The assignment of a lifelong disability is carried out on the basis of the relevant papers from a medical and preventive institution.

Top factors for assigning perpetual disability in 2018

Diseases of the respiratory system, which are associated with respiratory failure. 13. Lesions of the spinal cord or brain. 14. Deformities and defects of the lower and upper extremities, including cases of amputation.

In what cases can an indefinite disability be removed? Can an indefinite disability group be removed? They can only in the following cases: 1) if, during the examination of an expert medical case, fake (forged) documentation, erasures, uncertified corrections in diagnoses, analyzes, and so on, which are decisive for making an expert decision due to the reason, term and group of disability, are detected ; 2) during the exercise by the Federal Bureau, the main bureau of control over the decisions that were made in accordance with the bureau's rules (if gross violations were found in the basis of the expert medical case regarding the establishment of the term, cause and group of disability).

How to remove a disability?

Attention

Re-examination of disabled persons of group I is carried out once every two years, disabled persons of groups II and III - once a year, and children with disabilities - once during the period for which the category of "disabled child" is established for the child (clause 12 of the Rules; p. . 114 Administrative Regulations, approved by Order of the Ministry of Labor of Russia dated January 29, 2014 N 59n). Thus, if you do not apply for a recertification at the ITU bureau within the prescribed time frame, your disability will be charged.

Note! In some cases, disability is established without specifying the period for re-examination. In this case, the proposed course of action is not applicable (p.

13 of the Rules). 2.

Have you removed your disability? take action!

Info

If you send an application to the bureau whose expertise last time deprived you of your disability, you should remember that within 3 days it must be redirected to the Main Bureau. However, there is one fundamentally important point: you must be in time to send an application for the restoration of disability within a month from the date of its cancellation. The date of the examination must be set by the Main Bureau within a month.
I repeat once again: if you have substantial grounds for restoring a disability group, then you can well count on it. In the Main Office, with irrefutable evidence in hand, they can overturn the ITU decision on which the disability was canceled.

Perpetual disability - can they be removed?

Recognition of a citizen as a disabled person and the establishment of a disability group for him (for a minor - the category of “disabled child”) is carried out during the medical and social examination (MSE) by federal state institutions (hereinafter referred to as the MSE Bureau) (clauses 1, 2, 7 of the Recognition Rules persons with disabilities, approved by the Decree of the Government of the Russian Federation of 20.02.2006 N 95).

At the same time, the procedure for removing disability at the initiative of a disabled person (at his request) is not provided. However, if a citizen is interested in removing the disability established for him, we offer the following options for action.

1. Do not go through the next re-examination As a general rule, disability is established before the 1st day of the month following the month for which the next ITU of the disabled person (re-examination) is scheduled.

Can disability group 2 be removed for an indefinite period?

If we combine in general terms, the process of passing a medical examination and a commission meeting of the ITU, then the order is as follows:

visual examination of the patient;
the analysis of the treatment method is carried out before the commission is passed;
see whether it makes sense to continue the rehabilitation courses further.

If the last assessors do not see the point that nothing influences and does not help the course of the disease, in the direction of improvement, a firm decision is made to assign a disability group without further re-examination. Required package of documents For each group of disabilities, there is a specified list of required documentation.
On the basis of all certificates, test results, etc., a decision is made whether to give a group or not.

Re-examination of disability. medical and social expertise

The first group of disability is defined: - persons with severe occupational diseases or their consequences, in which there are significant disorders of the body's functions, necessitating constant outside help, care or supervision, with complete permanent or complete long-term disability. Some persons with disability group I may be adapted to certain types of labor in specially created, individually organized conditions. Re-examination of disabled persons of group I - once every 2 years, disabled persons of groups II and III - 1 time per year. diseases of non-professional etiology.
The disability group is established indefinitely: 1.

Disability caused by a particular disease is established on the basis of classifications and criteria prescribed in the Order of the Ministry of Health and Social Development. Diseases due to which a person can get a disability (when the term for re-examination is not indicated) 1.

Any kind of malignant tumor. 2. A benign tumor of the brain and spinal cord that cannot be treated. 3. Acquired or congenital dementia. 4. Absence of the larynx due to its prompt removal. 5. Lack of vision of one and the other eye. 6. Diseases of the nervous system, characterized by a chronic progressive course. 7. Progressive neuromuscular diseases that are hereditary.

Complete deafness. 9. Neurodegenerative diseases of the brain. 10. Diseases related to high blood pressure.

11. Heart ischemia. 12.

In what cases can MSE remove disability

This condition of the patient is monitored, and even if she is listed in an indefinite status, with the slightest improvement in the indicators of the medical board, the removal of the group is quite possible. It can also be affected by:

forged documents were installed;
inaccuracies in test results, etc.
etc .;
violation of the terms of the patient.

The medical bureau strictly monitors all indicators, monitors the correct execution of all norms when conducting and establishing a disability group. In case of group 2 For the reason for the removal of the second group of disability, similar grounds can serve as in the third.

Forged documents, during the revision of the ITU and the bureau, non-compliance by the patient with the control deadlines set for him, etc. If the reason for withdrawal was observed due to falsification of documents, then a criminal case for fraud will be taken for the applicant.
In addition, it will also be necessary to submit a number of other documents for consideration by the medical and social expert commission:

a statement written by the patient in a special form;
the results of the most recent medical examinations;
the most recent test results;
referral to the medical and social expert commission, which is issued to the patient by the attending physician.

If a person is assigned an indefinite 2nd disability group, this does not mean that in the future he will not have to undergo any examinations and deal with doctors. A prerequisite is to undergo maintenance therapy (at least 2-3 times a year), and to submit its results to MSEC.
There is such a thing as “indefinite disability”. What are the main factors of its assignment. To obtain the social status of a disabled person, you need to go through special honey. commission.

Various cases are being considered, and the presence of a particular disease cannot yet guarantee you will receive any disability group. Distinguish between an indefinite disability, one that is assigned for life, and a disability that must be confirmed by passing special commissions every year.

At the same time, disabled people receive certain benefits. Important Aspects There are 3 groups of disabilities. Briefly about each: Group 1 This category of persons who are not able to take care of themselves on their own. This category needs constant care.

If your condition has improved, then the removal of disability may be quite reasonable. In general, the conditions for establishing a disability are:

health disorder with persistent disorder of body functions caused by diseases, consequences of trauma or defects;
limitation of life activity - complete or partial loss of the ability to carry out self-service, independently move, navigate, communicate, control one's behavior, study or engage in work;
the need for social protection measures, including rehabilitation and habilitation.

It is these conditions in relation to a specific applicant that ITU experts assess. The presence of only one of the conditions is not a sufficient basis for establishing or extending a disability.

Recognition of a citizen as a disabled person and the establishment of a disability group for him (for a minor - the category of "disabled child") is carried out during the medical and social examination (MSE) by federal state institutions (hereinafter referred to as the MSE Bureau) (clause 1, of the Rules for recognizing a person as a disabled person , approved by the Decree of the Government of the Russian Federation of 20.02.2006 N 95).

1. Do not go through the next re-examination

As a general rule, disability is established by the 1st day of the month following the month for which the next ITU of the disabled person (re-examination) is scheduled. Re-examination of disabled persons of group I is carried out once every two years, disabled persons of groups II and III - once a year, and children with disabilities - once during the period for which the category of "disabled child" is established for the child (clause 12 of the Rules; p. . 114 Administrative Regulations, approved by the Order of the Ministry of Labor of Russia dated January 29, 2014 N 59n).

Thus, if you do not apply for a recertification at the ITU bureau within the prescribed time frame, your disability will be charged.

Note!

In some cases, disability is established without specifying the period for re-examination. In this case, the proposed course of action is not applicable ( Clause 13 of the Rules).

2. Apply for an early re-examination

Re-examination of a disabled person who has been identified as disabled without specifying the re-examination period, as well as a disabled person before the established re-examination period is possible at his request or on the direction of a medical organization providing treatment and prophylactic assistance, due to a change in his state of health (clause 116, Regulations) ...

In addition, re-examination is possible in advance, but not more than two months before the expiration of the established period of disability (clause 115 of the Regulations).

Based on the results of the re-examination, you can be removed from your disability group, but only if there are sufficient indications that your health has improved.

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It is also possible that the ITU of the Main Bureau will agree with the decision of the previous ITU and re-decide that you are really not entitled to a disability. Naturally, you will not agree with this arrangement of affairs. In this case, you still have the right to prove your right to disability, but for this you will already have to contact the Federal Bureau of Medical and Social Expertise, where a similar application for the restoration of disability is provided. If in this case you are refused, file a statement of claim and go to court. This can be done within 3 years from the date of the negative decision on the restoration of disability. If you prove in court your right to disability, this instance may invalidate the cancellation of the assigned group, restoring the rights in full.

How to remove a disability?

Apply for an early re-examination Re-examination of a disabled person who has been identified as disabled without specifying a re-examination period, as well as a disabled person before the established re-examination period is possible at his request or on the direction of a medical organization providing treatment and prophylactic assistance due to a change in his state of health (p. 116, 117 of the Regulations). In addition, re-examination is possible in advance, but not more than two months before the expiration of the established period of disability (clause 115 of the Regulations). Based on the results of the re-examination, you can be removed from your disability group, but only if there are sufficient indications that your health has improved.

Why is disability removed? expert clarifications

However, if a citizen is interested in removing the disability established for him, we offer the following options for action. 1. Do not go through the next re-examination As a general rule, disability is established before the 1st day of the month following the month for which the next ITU of the disabled person (re-examination) is scheduled.

Have you removed your disability? take action!

With the submission of the application, the applicant is given a choice. You can also send a letter to the office where you were deprived of your disability, or you can immediately contact the ITU Main Office. If you send an application to the bureau whose expertise last time deprived you of your disability, you should remember that within 3 days it must be redirected to the Main Bureau.

However, there is one fundamentally important point: you must be in time to send an application for the restoration of disability within a month from the date of its cancellation. The date of the examination must be set by the Main Bureau within a month. I repeat once again: if you have substantial grounds for restoring a disability group, then you can well count on it. In the Main Office, with irrefutable evidence in hand, they can overturn the ITU decision on which the disability was canceled.

Is it possible to remove a disability on my own?

Forced re-examination is not provided for by the legislation. However, this option is only suitable for those disabled people who have a re-examination period. Option 2. Apply for an early re-examination (before the deadline for re-examination) If you chose option 2, we recommend that you adhere to the following algorithm.
Step 1. In advance, but not more than two months before the expiration of the established period of disability, contact the ITU authorities with a statement (paragraphs 115, 116 of the Regulation). Keep in mind that the re-examination of a person whose disability has been established without specifying the re-examination period can also be carried out at his request or on the direction of a medical organization providing treatment and prophylactic assistance in connection with a change in the state of health (clause 117 of the Regulations). Step 2. Get a recertification.
How to determine the disability group 1. The 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 disorders of the human body, caused by diseases, the consequences of injuries or defects, and their degree of severity; the main categories of human life and the severity of the limitations of these categories. 6. How disability is removed This is not a legal issue. Determination of the degree of the disease occurs according to the results of the MSE (medical and social examination).

It is as a result of such an expert examination that specialists in the field of medicine come to the conclusion about the state of human health and the possibility of assigning a particular group to him or about the transfer / removal of a disability group.
Re-examination of disabled persons of group I is carried out once every two years, disabled persons of groups II and III - once a year, and children with disabilities - once during the period for which the category of "disabled child" is established for the child (clause 12 of the Rules; p. . 114 Administrative Regulations, approved by Order of the Ministry of Labor of Russia dated January 29, 2014 N 59n). Thus, if you do not apply for a recertification at the ITU bureau within the prescribed time frame, your disability will be charged. Note! In some cases, disability is established without specifying the period for re-examination. In this case, the proposed course of action is not applicable (clause 13 of the Rules). 2.

In what case is the disability group removed?

Since, in simple terms, disability is understood as a complete or partial loss of ability to work, the status of a disabled person is assigned to those who have a serious illness or physiological defect from birth, and, possibly, acquired it in the process of life or work. If you have already been assigned a disability due to a stroke, then you should know that the group is established by the authorized body - medical and social expertise. Disability must be confirmed every year, for some - once every 2 years, for some it is established for life. It all depends on the nature and degree of complexity of the disease or defect. Your disability could be removed only if it seemed to the members of the medical and social examination that you were on the mend and nothing threatened your health. You naturally disagree with this.

How disability is removed

Attention

Anyone can apply for a disability group. The doctor sends a medical and social examination to a medical institution at the place of attachment of the patient and, accordingly, it prepares documents for this and carries out all the necessary diagnostic methods In which case the disability group is removed A close relative after a mastectomy was observed by oncologists for a year, bone pain began - examinations have shown the need for therapy with Zoledronic acid. It was ordered to wait for the drug to be dispensed (for at least 3-4 months), or it was proposed to buy it and drip in the same oncological clinic. They didn’t wait - the pains were severe, we clarified the dosage from the doctors and ordered the drug.

In fact, now in the same clinic (g.
The procedure for lifting a disability on the initiative of a disabled person is not provided. The bodies of medical and social expertise (ITU) are not entitled to simply remove the disability, for example, at the request of the disabled person. But there are still options: Option 1. Do not apply for the next re-examination of disability. which the child is assigned the category “disabled child” (p.
114 Administrative Regulations, approved. By order of the Ministry of Labor of Russia dated January 29, 2014 N 59n). You do not have to apply for re-certification to the ITU bodies. In this case, the extension of the disability group will not be carried out.
Forced re-examination is not provided for by the legislation.
Possible reasons why disability is removed from a child Hello, Ravilya! I do not know all the circumstances of the case, but perhaps your child is no longer quite a child and has become an adult, that is, has reached the age of 18. In this case, the group is often revised or removed altogether. Why it happens? To establish the category of “disabled child” at the age of 18, it is sufficient to have a limitation of life activity even in only one category - for example, a 1-degree limitation of the ability to move.
At the age of 18 and older, limitation of life activity in only one category is no longer enough to establish a disability group - they must be combined (at least two categories). There is only one exception to this rule - this is the limitation of the ability to work of the 1st degree - even if it is isolated, it provides a basis for establishing a disability of the 3rd group.