Medical disability varies in severity. In accordance with this, citizens are assigned disability groups. Depending on the category, people with disabilities are entitled to certain social benefits and protection of rights by the state. Group 2 is characterized by limited actions, but the ability to work in special conditions. For this category of persons, benefits have been established and benefits are paid. But assigning a disability group requires compliance with the procedure established by law.
What is meant by the described disability group?
Disability group 2 is assigned to a citizen with persistent disorders of body functions caused by disease, injury or pathology since childhood, for a period of 1 year.
This degree of disability includes the following symptoms:
- the person has limited mobility and requires assistance or special devices;
- coordination of actions and time orientation are impaired;
- limited ability to communicate;
- difficulties arise with learning (it is necessary to create special conditions and an individual approach).
That is, disability can be congenital or acquired, with a deviation from normal functioning - 70-80%.
Social support measures for disabled pensioners
A disabled person who has received an appropriate certificate receives the opportunity to receive social support. They have the right to receive prescription medications, vouchers to sanatoriums, travel in public transport without payment, and also receive monthly financial support.
Disabled people of the second group also receive the right to free travel on electric trains and trains to the place of treatment. Through social assistance agencies, they can also receive self-care products, books written in Braille, strollers, prosthetics, and special shoes. A social worker can come to single citizens and clean their homes, as well as carry out small errands.
Relatives who look after a disabled person are provided with financial assistance, but only if the pensioner has a 1st group of disability. Those injured due to an accident at work may also qualify for additional payments from the Social Security Fund.
Group 2 disability: list of diseases
The list of diseases for which disability group 2 is assigned is determined by Order of the Ministry of Labor of Russia dated December 17, 2015 N 1024n:
- deafness (partial or complete);
- speech disorder (stuttering);
- oncology (when undergoing a course of radiation or chemotherapy);
- liver disease, with no prospect of improvement;
- endoprosthetics (replacement) of joints;
- absence of a lower limb and dysfunction of another;
- paralysis of one limb;
- lack of visual sensations (blindness);
- chronic pulmonary failure;
- physical defects that can be classified as deformities;
- internal organ transplantation;
- dysfunction of the brain, which leads to dysfunction of motor activity;
- epilepsy;
- infectious diseases affecting the central nervous system;
- mental disorders lasting more than 10 years.
Working or not, disability group 2
Citizens who have been assigned the second disability group are able to work, but under certain conditions. Physical and mental deviations from the norm require the use of auxiliary aids in the workplace and the assistance of third parties. Thus, it is possible to determine whether group 2 disability is working or not, based on the severity of the consequences of the disease (trauma or congenital pathology).
Employment of disabled people in accordance with current legislation
According to the Labor Code of the Russian Federation (Articles 3.92.94), it is not prohibited to hire people with disabilities to vacant positions, but on the condition that they have no contraindications to performing duties in this position.
Employment for this category of citizens is carried out in specialized centers, for example, the regional branch of the all-Russian public organization of disabled people “All-Russian Society of the Deaf.”
In this case, the state tries to protect the rights of people with disabilities by placing quotas on jobs for them in enterprises.
What working conditions exist for the described group of disabled people?
Due to the fact that disabled people of group 2 are people suffering from moderate impairment of body functions, the Labor Code provides for special working conditions for them:
Length of working week
The period of work should not exceed 35 hours per week, with full payment of salary.
At an hourly wage rate, the tariff is calculated using a coefficient equal to 1.143.
Duration of the working day for working persons with group 2
In accordance with Article 93, which defines the list of persons who have the right to part-time work by agreement of both parties, disabled people are not included in this list. The right to reduce the length of the working day (or shift) is granted based on the conclusion of the medical commission, which establishes the maximum duration of daily work (shift) in each specific case. However, this fact does not affect the amount of remuneration.
Work at night and overtime
First of all, it should be noted that only those disabled employees for whom it is not contraindicated for health reasons can be involved in extracurricular and night work.
The second caveat is that there are certain restrictions on the period of such activity. Overtime hours must not exceed 120 per year, and 4 for two consecutive days. The law provides for the right of citizens to refuse unscheduled regulations.
Vacation period
In accordance with Federal Law No. 181 of November 24, 1995, disabled people are entitled to annual paid leave of 30 calendar days. In addition, this category of persons is provided with additional leave without pay - 60 days, which they can use at will.
Workplace organization
The equipment must comply with the requirements of SP 2.2.9.2510-09. “Hygienic requirements for working conditions for disabled people. Sanitary rules."
In accordance with the regulatory legal act, the work of people with disabilities in conditions with the presence of harmful production factors and having a negative impact on the general state of health is not allowed.
Enterprises employing disabled citizens must have recreational facilities, including beds. Hot meals and a health center are also mandatory. Furniture and special equipment are installed based on the physical capabilities of employees.
In Moscow, disabled people of group 2 receive a large list of benefits
The Moscow region has the highest additional payments to citizens of this category. Disabled people of the second group in Moscow receive:
· The right to use city public transport is completely free.
· Citizens who have issued a Muscovite social card (SCM) are provided with discounts on pharmacy products, transfers, purchasing goods in stores, as well as on services in hospitals.
· Possibility of calling a social taxi for those people who have problems with the musculoskeletal system.
· May benefit from special parking rules.
· Receive services from MosEnergo on preferential terms.
· Apply for the award for disabled people named after. N. Ostrovsky. The competition takes place every year. With its help, people with disabilities participate in 10 nominations. According to the rules of the prize, the winner will receive a prize of 150,000 rubles.
General procedure for recognizing a person as a group 2 disabled person
The procedure for recognizing a disability group is provided for by law.
Activities of the medical commission for conducting examinations
Disability is assigned by ITU, for which the applicant is sent by a medical institution. In the referral, the patient’s attending physician notes the indications for the commission. The procedure is possible only with the written consent of the applicant (his legal representative).
The study is carried out in the bureau of medical and social examination at the citizen’s place of residence. If the applicant does not agree with the conclusion of the local authority, he is sent to the main bureau for a special examination.
The examination can be carried out at home or in a hospital if it is not possible for the candidate to arrive in person. Another option is an absentee examination, which is carried out on the basis of the conclusion of a medical organization.
During the ITU process, the following information is established:
- reasons for poor health;
- factors that caused disability;
- degree of loss of labor activity;
- the need for outside assistance in self-care;
- disability group;
- development of a rehabilitation program;
- other purposes provided for by law.
Based on the results of the commission, relevant documents are drawn up.
Contents of the medical specialists' protocol
During the commission, the authorized person fills out a protocol in the approved form. It notes:
- general information about the person being examined;
- procedure;
- social and household data;
- information about the citizen’s education;
- professional data;
- degree of expression of body functions;
- decision of the commission.
The decision is made by voting by specialists, which may include both medical and social workers. The applicant has the right to call any specialist to participate in the commission.
Medical and social examination report
Based on the results of the commission, a report is drawn up, which consists of two sections: information about the applicant and the decision made regarding the disease, the degree of its severity (all deviations from the norm of physical condition are listed).
The document specifies the reason for assigning a disability group and the basis for making the decision. It is also necessary to indicate the conclusions of the specialists present at the ITU and put the signatures of the head and all members of the commission who took part in making the conclusion and conducting the medical and social examination. The act is certified by the seal of the organization.
If your application for disability is denied
If a negative decision is made by the ITU at the place of residence, the applicant has the right to appeal it within 30 days to the main bureau. If the conclusion does not satisfy the citizen, the next authority is the Federal Bureau of Medical and Social Expertise. The application is submitted either to an institution where you are not satisfied with the result, or to one located higher in the hierarchy, where the examination is to be carried out.
Another option for resolving disagreements is in court. The statement of claim is filed at the location of the ITU. It contains all the necessary information: the name of the court, the plaintiff’s data, information about the defendant, what the violation is, the basis for the claims, their proof.
If the disability group has been removed or another one has been assigned, the procedure is the same - contact the main (federal bureau) or the court.
Disability in the Union State
Using the example of Belarus, it should be noted that in accordance with the law “On Social Protection of Persons with Disabilities”, this category of citizens can perform labor duties, depending on their health status. Restrictions on work are permitted only upon the conclusion of a special commission. There is no defined rehabilitation period for disabled people, so the employer cannot carry out the dismissal procedure during this period.
The validity period of the 2nd working group of disability, as in Russia, is 1 year. But additional factors may be indications for prescription: a questionable work prognosis and contraindications to work.
What benefits does a group 2 disabled person have?
Preferences for this category of citizens are provided at the federal level:
- free travel on public transport and any type of transport to the place of treatment;
- provision of medications according to a doctor's prescription;
- free receipt of prostheses, medical equipment, orthopedic shoes;
- sanatorium-resort treatment at the expense of the state;
- 50% discount on housing and communal services, rent;
- the possibility of improving living conditions;
- extraordinary admission to universities and secondary educational institutions and an increased scholarship;
- labor benefits.
Regional and local authorities introduce additional benefits, but in accordance with the legislation of the Russian Federation.
For major repairs, disabled people of group 2 can receive a benefit
Citizens who have reached the age of 70 and receive an old-age pension receive compensation for half the cost of major repairs. However, this only applies to those people who live on their own.
People over the age of 80 also receive compensation, but in full. Group 2 disabled people also have the right to a discount when carrying out major repairs to their home.
Previously, the rule was that if a disabled person lived in an apartment whose owner was a pensioner, none of them could claim benefits for major repairs. However, changes have been made to the Housing Complex, which we will consider further.
According to the latest amendments, benefits for repairs can be received by families in which a pensioner over 70 years of age and a person with a disability of the first and/or second group live.
Those citizens who have received group 2 disability due to a general disease are entitled to receive the following benefits for:
· Housing and communal services;
· renovation or purchase of housing, i.e. improvement of living conditions;
· technical means;
· free assistance or medical care.
Worth knowing! Preferences often occur in different regulations. This change also affected the reduction of notary fees for disabled people of the first and second groups. This category of citizens receives notary services outside the office.
Housing benefits that are available to disabled people of group 2:
· Provide housing on social rent.
· Can register to improve their living conditions.
· The right to receive, out of turn, a plot of land that is intended for the construction of a dacha or house.
· 50% discount on housing and communal services payments. This only applies to services that a disabled person receives. Not his family members.
In addition to the listed medical benefits, disabled people of the second group receive benefits for:
· Treatment in sanatorium-resort institutions.
· Providing free medicines and other medical care.
· Procedures for the treatment of disorders and diseases that lead to disability.
Additionally, social and transport benefits apply. For example, in educational institutions for free training or retraining.
Worth knowing! The working week also remains at 35 hours for disabled people of the second group in 2021. The right to leave at your own expense for up to two months per year also remains.
Listed above are all federal benefits that are mandatory to be paid throughout the Russian Federation. Additionally, regional authorities can pay cash assistance to citizens with disabilities, as well as provide them with benefits. More on this below.
Pensions for working disability group 2
Disabled people have the right to receive two types of pensions:
- social;
- labor.
Social state benefits are established for the period of disability, that is, it can be indefinite. This payment does not depend on the applicant’s length of service. The amount of the monthly social pension assigned in accordance with the general procedure is 4,959.85 rubles. And people with disabilities since childhood receive 9,919.73 rubles.
In addition, if they have work experience, disabled people of group 2 have the right to a pension of the appropriate type. Such a pension is calculated using a formula taking into account the time worked and a fixed base part. The labor pension, if there are no dependents, is 4805 rubles. This figure increases depending on the number of persons in the care of a disabled person.
Disabled citizens can receive only one type of social benefit at their discretion.
Group 1 disability pension in 2017
The social pension in 2021 for category I is 9919.73 rubles. Labor, depending on the number of dependents, ranges from 9610.22 rubles. up to RUB 14,415.32
In addition to payments, disabled people are provided with benefits and allowances. Benefits include monthly cash payments in the amount of 2162 rubles, 1544 rubles, 1236 rubles. for each group, respectively, benefits for caring for a disabled person, a one-time payment for a military injury, injury at work, severance pay after dismissal for medical reasons.
The list of benefits is quite large and differs for each category of disabled people.
For the first group the following benefits are provided:
- reduction of the working week;
- free vouchers to health resorts;
- free prescription medications;
- training for budget funds in universities or secondary specialized educational institutions;
- 50% discount on utility bills;
- benefits for prosthetics and other services.
For groups 1 and 2, similar benefits are provided, and for group 3, these are mainly discounts on medical products. Free travel on public transport is not guaranteed. Once a year you can get to the hospital for free, and travel will be free for accompanying persons.
In addition, all persons are provided with tax benefits. Citizens do not pay transport tax and property tax, and also receive a deduction when paying land tax and income tax.
Can a disabled person of group 2 adopt a child?
The Ministry of Health of the Russian Federation has prepared a number of bills regulating the procedure for adoption by people with disabilities. In accordance with regulatory legal acts, a list of diseases has been defined for which this procedure is impossible (tuberculosis, serious infectious diseases, etc.). In the absence of contraindications, disabled people of group 2 have the right to become adoptive parents.
Amount of labor pension for disabled people
The size of pension accruals has a fixed amount, while payments for work activity can vary depending on the length of service, the amount of wages at the previous place of work and the availability of accumulated pension points.
Let's look at the conditions for the formation of a fixed disability benefit:
- When determining the amount of payments, the accumulated years of insurance experience are taken into account. The minimum period of insurance coverage for women must exceed twenty years, and for men twenty-five.
- The size of the pension depends on the group to which the disabled person belongs due to health reasons. Persons with disabilities of the second group are paid up to 90% of the old-age pension. Disabled people of the third group can receive up to 50% of their old-age pensions.
- The age at which the deterioration in health occurred, leading to loss of ability to work, affects the duration of the required insurance period.
To the established amount of pension accruals, some additional payments may be added for the maintenance of dependents, work in regions with difficult climatic conditions and other features of labor activity.
Group 2 disability since childhood
This category includes only adults who have certain health conditions acquired in childhood or before birth. That is, the disability status was assigned until the age of 18, and after reaching adulthood it was confirmed again, with the receipt of the corresponding disability group.
The state provides legal and social protection for disabled people of group 2. In accordance with the law, certain payments, benefits and support for disabled citizens are provided. Existing deviations from the normal functioning of the body are not limiting factors in employment, adoption of children and other socially significant situations.
Tax benefits and deductions for disabled pensioners
Disabled people of the second group may not pay property tax. Passenger cars issued by social security authorities and equipped with special controls are also exempt from tax.
A disabled pensioner also has benefits when paying land tax. The cadastral value of his plot is reduced by 10 thousand rubles. Due to this, the amount of tax paid is reduced.
Disabled people of group 2 are exempt from the fee when filing a claim in court for an amount of less than 1 million rubles.
