What to do if they do not give a disability group

Disability makes it possible to receive medicines, rehabilitation means, consumables and complex treatment under compulsory medical insurance without spending your own money on it. Therefore, it is worth trying again and again to issue it when receiving a refusal.

The Commission may make such a decision for various reasons - in each case they are individual. However, this most often happens if:

• Any facts from your medical history are not taken into account or taken into account incorrectly. For example, important symptoms are not taken into account.
• Your condition has been misjudged.
• No documents provided.

Below we will analyze what to do if you do not agree with the conclusions of the Bureau of Medical and Social Expertise.

How does the disability process work?

First you need to contact polyclinicwhere you are observed and get direction for medical and social expertise (ITU). During it, it is determined whether a person needs rehabilitation and some kind of help. To do this, specialists of the ITU federal bureau

evaluatehow the disease and its consequences limit the patient in ordinary life.

For example, he cannot move around, go to shops, work fully, cook food and generally serve himself in everyday life. Or did he have some psychological disorders.

Expertise carry out in the office that is closest to the house where the person is registered or lives now. And if he went abroad, then they are guided by the location of his pension file.

Decision on referral to ITU accepted not later than 4 months from the beginning of the continuous sick leave. From this moment, the medical organization has 30 days to complete all the documents, it also sends them to the BMSE.

If these deadlines are violated, you can contact the management of the clinic with a written complaint, registering it with the secretary.

When the documents arrive at the ITU bureau, a representative calls the citizen and notifies that they have been accepted. Within 30 days from now accepted solution regarding the determination of disability.

Next, you need to choose a method for passing the examination, there are two options:

• Correspondence passage. In this case, specialists will study the documents sent by the medical commission from the clinic.
• Full-time passage. In this case, it will be possible to provide the results of additional studies or undergo an examination by the specialists of the bureau.

If you want to attend in person, you must write about it in the application when preparing the documents. Then, after receiving them, the representative of the bureau will offer several dates for visiting the examination.

Certificate of disability issued within 30 days from the date of a positive decision by the medical commission. At the same time, an individual program is drawn up. rehabilitation.

Disabled people of the first group need pass re-examination every 2 years, the second and third - every year. The procedure is no different from the one already described.

What to do if the decision of the ITU Bureau does not suit you

The result of the examination may not suit the patient in two cases:

• If the disability is not established.
• If the patient is given the wrong disability group.

In this case, the decision can be appealed within a month. For this you need apply to a higher organization - the main or federal bureau of medical and social expertise.

Write an application in any form

To file a complaint, you must write a statement - there is no clear form. The main thing is to highlight the following points in it.

• Briefly describe the whole situation: what disease, when and who sent for examination, what decision was made.
• Indicate that the patient does not agree with this decision.
• Explain in detail why: something was not taken into account or incorrectly estimated, some documents were not examined, and so on.

If the patient was removed disability during re-examination, then in the appeal it is necessary to describe in detail all the diseases and disorders that still persist. And also do not forget to point out problems in everyday life.

For example, a woman after breast cancer cannot do the simplest things around the house: cook dinner, iron clothes, wash the floor, because her hand does not work well.

Describing these moments is a must! So the chance to cancel the decision will be higher.

Send it to ITU Headquarters

The statement we talked about above make up to the address of the main bureau of medical and social expertise - addresses and telephone numbers can be found on organization website.

At the same time, you can also submit it to the unit where the examination took place: its employees will redirect your documents to a higher organization within three days.

Consider the application and make a decision will representatives of the main bureau, they have 30 days to do so.

If the decision does not suit you, write to the ITU federal bureau

If the decision of the main bureau of the ITU did not suit you again, you can also appeal within a month from the date of receipt - already at the Federal Bureau. This is the highest authority. After that, you can only contact court.

Go to court

The second way of appeal is judicial. You can use it at any stage of disability registration. But it is more logical to go through all the levels of the ITU to begin with.

To apply to the court, you need to draw up an application to challenge the decision of the bureau and decide on the requirements. For example, the patient may want to invalidate the decision of the BMSE, change or cancel the assigned disability group, or receive additional compensation for non-pecuniary damage. At the same time, the latter path is quite difficult, and lawyers, as a rule, do not recommend choosing it.

For any application attached:

• Its copies are for each of the defendants.
• A document confirming the payment of state duty.
• power of attorney or other document, which certifies the credentials of the patient's representative. It will be necessary if a person himself cannot do this business - for example, because of poor health.
• Documents confirming that the decision was wrong. In each case, they will be different.
• Calculation of the required amount of money, signed by the plaintiff or his representative. If you decide to claim compensation, you will also need copies of it for each of the defendants. And remember that disabled people of the first and second groups don't pay state duty, if the value of the claim does not exceed 1 million rubles.

A set of documents must first be sent to the parties to the process and only then apply to the court - at the location of the defendant or at the place of residence of the patient. It can be done not later three years from the date when the person received the wrong decision of the commission in his opinion.

The court may partially or fully satisfy the requirements or issue a refusal. His decision can be appealed by filing an appeal - for this the patient has one month.

If you need help in obtaining a disability, you can seek advice from the specialists of the free service "Find your doctor».