
In this article, we provide you with information on how to establish disability.
According to the Law of the Republic of Kazakhstan of April 13, 2005 “On social protection of persons with disabilities in the Republic of Kazakhstan”, a disabled person is a person who has an impairment of health with a persistent disorder of body functions caused by diseases, injuries (injuries, injuries, contusions), their consequences, defects, which leads to disability and the need for social protection.
The procedure for determining the disability, its causes and timing, the degree of disability is regulated by the Rules for Medical and Social Expertise, approved by order of the Minister of Healthcare and Social Development of the Republic of Kazakhstan dated January 30, 2015 No. 44.
Where to begin?
First you need to contact the medical organization at the place of residence/registration - to your local doctor or a specialist health care organization, who will determine the amount of necessary diagnostic and therapeutic measures, including, if indicated, inpatient examination and treatment, establish the diagnosis and degree of functional disorders .
After carrying out a complex of diagnostic, therapeutic and rehabilitation measures, in the presence of persistent disorders of the body, medical organizations send to the MSE persons no earlier than four months from the onset of temporary disability or diagnosis, except for those with anatomical defects and incurable patients with significant or pronounced impairment of body functions and the lack of rehabilitation potential.
At the same time, the completeness, volume of medical examination and the validity of sending persons to medical and social expertise (ITU) is provided by the chairman of the medical advisory commission (MAC) of the referring medical organization.
MSE is conducted by the territorial divisions of the Labor, Social Protection and Migration Committee of the Ministry of Labor and Social Protection of the Republic of Kazakhstan (MSE departments).
Experts of MSE departments make an expert opinion, collectively, on the basis of the examination of the examined person, assessment of the degree of impairment of body functions and disability, including disability and review of submitted documents (clinical and functional, social, professional and other data).
MSE is held at the place of permanent residence (registration), but, in some cases, according to the opinion of the MAB, it can be carried out at home, at the place of treatment in healthcare organizations that provide inpatient care, in penitentiary institutions, remand centers or in absentia.
Which documents are to be required
Examination (re-examination) is carried out upon application for medical and social expertise, with the submission of the following documents:
- referral for medical and social expertise, completed by specialists of health organizations. The survey is conducted on the basis of this direction, no later than one month from the date of the direction indicated therein;
- a copy of the medical part of the individual rehabilitation program of the patient (disabled person), in case of its development by a medical organization;
- a copy of the document certifying the identity of the person being examined and the original for verification;
- Help (in any form), confirming the fact of keeping a person in the institution of the penitentiary system or the detention facility;
- outpatient medical record for analyzing the dynamics of the disease. In the presence of a copy of extracts from the medical history, expert opinions and examination results;
In addition, in certain cases are provided:
- a copy of the certificate (coupon) of attachment to a medical organization – in the case of attachment to a primary health care organization outside the place of permanent residence (registration);
- sheet (certificate) of temporary disability – provided by a working person, for entering data on expert opinion;
- a copy of the document confirming the work activity and (or) information about the nature and conditions of work in the workplace (filled in by the employer), it is provided (if available) during the initial examination by a person of working age, necessarily providing in cases of occupational injuries or occupational diseases;
- MAB conclusion submitted no later than one month from the date of its execution – in cases of referral for consultation, the need for examination (re-examination) at home, in hospital or in absentia, directions for the formation or correction of IPR;
- a document confirming the fact of participation (or non-participation) in the system of compulsory social insurance, it is provided in cases of the primary determination of the degree of loss of general working capacity (LWC) for this social risk;
- a copy of the certificate of accident related to work activity, in the form approved by the order of the Minister of Healthcare and Social Development of the Republic of Kazakhstan of December 28, 2015, No. 1055 "On the approval of forms for processing materials for investigating accidents related to work activity" and the original for reconciliation, it is provided by the person who received an industrial trauma or occupational disease during the initial determination of the degree of loss of professional capacity (LWC), to determine the cause of the LWC and/or disability in this accident;
- a copy of the conclusion of the National Center for Occupational Hygiene and Occupational Diseases (in free form), issued no later than two years ago, and the original for verification – is provided by the person who received the occupational disease;
- a copy of the document issued by the authorized body in the relevant field of activity, which established the causal link, and the original for verification – is provided once to determine the cause of disability associated with injury, contusion, injury and disease;
- a copy of the court decision on the causal link of the injury or disease with the performance of labor (official) duties and the original for verification – is provided by the person who received an occupational injury or occupational disease in case of termination of the employer's activity – an individual entrepreneur or liquidation of a legal entity;
- the act of examining the living conditions of a disabled person, it is provided by a disabled person or his legal representative to develop a social and professional part of IRP for improving living conditions. An examination report on living conditions is carried out by specialists of local executive bodies;
- when submitting an application by legal representative – a copy of the document certifying the identity of the legal representative; in the case of the establishment of guardianship (guardianship), a copy of the document confirming the establishment of guardianship (guardianship) and the original for verification shall be submitted;
- certificate of disability and certificate of loss of general disability – provided in cases of early re-examination in the event of deterioration of health, in order to change the cause of disability, if facts of inaccurate documents were revealed, unjustified expert opinion
- copy of certificate of change of name, patronymic, last name according to the form approved by order of the Minister of Justice of the Republic of Kazakhstan dated January 12, 2015 No. 9 "On approval of forms of assembly books of state civil registration and certificate forms issued on the basis of entries in these books" and the original for verification – is provided upon repeated re-examination in cases of state registration of a change of name, patronymic (if any), the last name of the person being examined.
If the information in the documents listed in the list is contained in the state information systems and is requested in electronic format, then it is not necessary to submit it.
The date of establishment of disability, the degree of disability is the date of presentation of the documents indicated above by the person under examination or his legal representative to the MSE department.
The expert opinion of the MSE department is made on the day of the appeal or within ten working days from the date of the appeal, when sent for consultation to the department of methodology and control of the MSE.
Depending on the degree of impairment of body functions and disability, including disability, a person with a disability is assigned the first, second or third disability group, to a person up to the age of sixteen the category "disabled child", and a person from sixteen to eighteen. disabled child "of the first, second, third group.
When conducting the MSE, the following causes of disability and (or) the degree of LWC are determined:
- common disease;
- labor injury;
- occupational Illness;
- disabled since childhood;
- disabled children up to the age of sixteen;
- disabled children from sixteen to eighteen;
- wounds, contusions, injuries, diseases obtained during the performance of official duties, during military service, in the aftermath of accidents at nuclear facilities for civil or military purposes or as a result of emergencies at nuclear facilities, as a result of an accident not related to the performance of military duties (official duties), or a disease not related to the performance of military and official duties, subject to the establishment of a causal link by the authorized body relevant field of activity;
- persons with disabilities as a result of environmental emergencies, including as a result of radiation exposure during nuclear explosions and tests and (or) their consequences, provided that the authorized body has a causal relationship established by the relevant field of activity.
When conducting MSE of an employee who has received an industrial injury and (or) occupational disease associated with the performance of his official duties, the following reasons for the occupational disability (OD) are defined:
- labor injury;
- occupational Illness.
The basis for recognizing a person as disabled is the simultaneous presence of the following mandatory conditions:
- impaired health with persistent disorders of body functions;
- life restriction (complete or partial loss by a person of the ability or ability to carry out self-service, independently move, orient, communicate, control their behavior, learn or engage in work activities);
- the need for social protection measures.
Age-related changes of the body are not grounds for establishing the group of disability.
Criteria for establishing disability
The criterion for establishing the first group of disability is persistent, significant or pronounced impairment of body functions due to diseases, consequences of injuries or defects, leading to a pronounced restriction on the ability of one of the following categories of vital activity or their combination:
- to the third degree daily living ability;
- to the movement of the third degree;
- to work (work capacity) of the third degree;
- to the third degree education;
- to the orientation of the third degree;
- to the third degree communication;
- control of their behavior of the third degree.
The criterion for establishing the second group of disability is persistent pronounced impairment of body functions caused by diseases, consequences of injuries or defects, leading to a pronounced limitation of the ability of one of the following categories of vital activity or their combination:
- to the second degree daily living ability;
- to the movement of the second degree;
- to work (work capacity) of the second degree;
- to the second degree education;
- to the second degree orientation;
- to the second degree communication;
- control of their behavior of the second degree.
The criterion for the establishment of the third group of disability is persistent moderately expressed impairment of body functions due to diseases, consequences of injuries or defects, leading to a moderately pronounced limitation of the ability of one of the following categories of vital activity or their combination:
- to the first degree daily living ability;
- to the movement of the first degree;
- to work (work capacity) of the first degree;
- to the first degree education;
- to the orientation of the first degree;
- to the first degree communication;
- control of their behavior of the first degree.
Terms of disability
Disability is established for the following periods:
- Persons under sixteen years old – 6 months, 1 year, 2 years, for 5 years and up to the age of sixteen;
- Persons from sixteen to eighteen years old – 6 months, 1 year, until they reach the age of eighteen;
- Persons older than eighteen years old – 6 months, 1 year, 2 years or without a re-examination period.
Disability without a re-examination period is established:
- according to the List of irreversible anatomical defects;
- with persistent, irreversible changes and impairments of body functions, ineffectiveness of rehabilitation measures, stability of the disability group and dynamic monitoring of a disabled person of the first group for at least four years, the second at least five years, the third at least six years;
- with an unfavorable rehabilitation prognosis for people of retirement age.
Appeal against an expert opinion
The examined person or his legal representative has the right to appeal the expert opinion of the MSE department in the department of methodology and control of the MSE within a month from the date of its receipt or in court, in the manner prescribed by the legislation of the Republic of Kazakhstan.