Disability and the procedure for establishing it

The full-scale invasion of the Russian Federation into Ukraine forever changed the lives of Ukrainians. A large number of men stood up to defend their Motherland from the invaders and began to take direct part in combat missions.

However, it is quite difficult to avoid injuries in war, because today there are many types of weapons, which can be used by the enemy, which leads to mental disorders and general loss of physical health.

Consequently, it generates cases, when citizens are unable to self-serve. That is why the issue of determining the appropriate disability group is more relevant than ever in our country.

In this article, we will talk about the peculiarities of acquiring a disability for citizens of Ukraine and define, what is the procedure for its establishment according to Ukrainian legislation.

What is disability?

From the analysis of the provisions of the Ukrainian legislation, we can conclude, that under disability understood the degree of loss of health of a citizen as mental, as well as physical as a result of an existing illness or disease, receiving an injury or its consequences, or congenital defects, which significantly limit the general life activities of a person and because of this he needs material or social assistance.

 Usually, the main causes of disability are identified:

• congenital defects from childhood;
• the presence of a disease acquired during life;
• an accident during the direct performance of a labor function at the enterprise (for example, mutilation);
• presence of disease, which was acquired while working at the enterprise (for example, permanent work with the production of radioactive materials);
• serious injuries, receiving contusions, mutilation (physical damage to the human body), and other diseases.

If the person is recognized as such, who has a disability, then she is assigned the corresponding disability group. In total, they are allocated in The main groups of disabilities depending on the degree of limitation of the citizen's life activity.

What is the procedure for determining disability in Ukraine?

To establish the appropriate disability group, citizens of Ukraine need to receive a referral from a healthcare medical institution, which confirms the violation of body functions, which affects the general life activity of a person.

After receiving this referral, you should contact the Medico-social Expert Commission (MSEC)at the person's place of residence or her treatment.

The following documents should also be attached to the referral: passport, medical card of a sick citizen(ambulatory card or book), workbook, and health certificate from disease specialists, under which the citizen plans to receive disability(surgeon, therapist, psychiatrist, neurologist, etc), a copy of the medical history with a mandatory indication of the citizen's diagnosis(epicrisis).

In general, MSEC is empowered not only to appoint a disability group but also to:

• determine the lists of types of labor activity, which can be carried out by a person with existing disorders in the body and an established group of disabilities;
• determine the causally consequent connection of the appearance of disability with congenital diseases and defects in the human body;
• determine the degree of loss of general working capacity due to an accident, that happened during the performance of labor duties at the enterprise;
• determine the degree of loss of physical and mental health, causes of disability of citizens, who suffered as a result of political repression or the Chornobyl disaster;
• provide medical evidence regarding a person's acquisition of a special vehicle for movement and driving it.

What are the most common reasons for refusal to assign the relevant disability group?

• incomplete preliminary examination of the person in a medical institution, which led to the insufficient justification of the existing disease;
• there were no medical records when disability was assigned, that confirmed the presence of the disease in a person;
• previously established diagnoses or symptoms of the disease were not confirmed during the MSEC examination.

Do you still have questions about features acquisition of disability and the procedure for its establishment?

Contact the "Prikhodko and Partners" law office for qualified legal assistance.

Our specialists will provide meaningful answers to all the questions of the company's clients during oral consultations because we specialize in this issue.