Is it possible to get a job with group 2 disability?

The labor legislation in force in our state is designed to provide all citizens with equal rights and opportunities. This allows such categories of citizens as disabled people to realize themselves in work.

Today, there are government programs that allow people with disabilities to adapt to real working conditions. As a rule, when it comes to employment, this applies to categories such as disabled people of the 3rd group or disabled people of the 2nd group. Whether people with these health limitations can work largely depends on the degree of disability.

To be fair, we can say that all people recognized as disabled, without exception, are provided with state assistance, including financial assistance, in the form of a disability pension and a number of other payments. But we have to admit that the size of the pension for this category of citizens is more than modest. This is one of the reasons why most people with disabilities decide to get a job. In this case, it would be useful to know what restrictions exist for a disabled person who wants to find a job, as well as what rights and responsibilities do disabled employees have, and is it possible to work with disability group 2?

Who is recognized as a disabled person of the 2nd group?

According to current laws, a disabled person is recognized as a person who has a persistent disorder of body functions, in connection with which there is a limitation in life activities. A person with disabilities acquires the second disability group if his full life activity is limited due to health problems or he has persistent disorders of any body functions resulting from injury or disease. Also, a person who needs rehabilitation and social protection measures is assigned the status of a disabled person of the second group

A medical and social examination (MSE) can recognize a person with a disability of the 2nd group who, during the examination, has the following diseases of moderate severity:

• Disorders of body functions, the cause of which is physical disability.

• Speech disorders caused by voice dysfunction or stuttering.

• Mental disorders.

• Damage to the body's circulatory or respiratory system.

• Sensory disorders, that is, dysfunction of the sense organs.

Disability of the 2nd group is established for a period of 1 year; in the future, the disabled person is required to undergo a re-examination to determine his state of health.

The ITU Bureau issues a certificate confirming disability indicating information about the disability group and a conclusion on whether a group 2 disabled person can work. People with disabilities who are allowed to perform labor functions without contraindications are, in addition to the certificate, given an Individual Rehabilitation Program for the Disabled Person (IRP) with recommendations for organizing work.

Can a person with group 2 disability work?

Employers are also interested in which disability group is considered non-working. The state has prescribed disability groups and degrees of restrictions on work activity:

• first - the patient has a serious illness, he may be immobilized or bedridden, unable to care for himself and work;
• the second is the presence of a congenital or acquired disease that limits the patient in areas of life, but he remains able to work;
• the third is a disease in which full working capacity and self-care are preserved.

In addition to patients, employers are interested in the second disability group, whether it is working or not, in order to provide the necessary working conditions.

Human rights are regulated by law. It reflects the conditions under which it is possible for a person with a disease to work.

Obligation to work: should a person with a disability of the 2nd group work?

People of the older generation, of course, can remember the times when the obligation to work and benefit the state and society lay with every able-bodied resident of our country. This also applied to disabled people in the so-called working groups. How are things going today? Is a disabled person of group 2 required to work and can someone limit the rights of a non-working disabled person of this category?

Today, even if the 2nd disability group is legally recognized as working, that is, it assumes that a disabled person can find a job, there is no legal obligation to work for a person with disabilities. Moreover, the state provides a number of social assistance measures for people with disabilities, including people with disabilities of the 2nd group. The assistance includes the payment of a disability pension, a package of benefits for travel on public transport, for the purchase of medicines necessary for a disabled person, the possibility of sanatorium and resort treatment, as well as monthly cash payments from the Pension Fund of the Russian Federation. In addition to these measures, some regions of the Russian Federation provide for regional subsidies for people with disabilities, and if the family income of a disabled person is low, subsidies for housing and communal services.

But we have to admit that even the support provided to disabled people from the state is often not enough for a decent standard of living for a disabled person and his family. Often, a person with disabilities is ready to find a job, begin full-time work if possible, even agreeing to the condition that this will require losing the right to some benefits and guarantees from the state. So can a group 2 disabled person work and what kind of restrictions and contraindications exist for this category of employees?

Criteria for determining disability 2nd working group

So, in this case, you should focus on the order of the Ministry of Labor dated December 17, 2015 No. 1024n.
It states here that the group can be diagnosed if the body’s functioning is moderately impaired. In particular, important criteria include: - limited moderate mobility, that is, when a person needs partial assistance to move and maintain balance in space (the same can be said about the ability to use transport, etc.); - standing, when it is not possible to navigate normally on your own and for an adequate perception of the situation, location, time, support from the outside is also needed; — contact with other people, transmission and reception of information are not completely possible, that is, a disabled person of group 2 cannot do without an assistant; — the ability to learn has limitations, in other words, assimilation, memorization, reproduction of material, knowledge and the implementation of practical skills must occur in special institutions or conditions (for example, home-based training and the use of additional technical equipment are acceptable); - the ability to work, but with certain boundaries, for example, special conditions, auxiliary aids, etc. are required, that is, a person with work group 2 must be given assistance if necessary, etc.

The right to work for a person with a disability

The current legislation does not simply give the right to perform labor functions to disabled people of the 2nd group. Legislators also provide for the fact that citizens with disabilities need support and special working conditions. Therefore, the Labor Code of the Russian Federation and laws relating to people with disabilities provide working disabled people with a number of additional guarantees along with general rights. The state has also determined benefits for admission to an educational institution for people with disabilities who want to acquire a profession.

The obligation of employers to create a quota for hiring workers with disabilities for hiring helps to maintain the competitiveness of people with disabilities in the labor market. In practice, this means that companies employing at least 35 people are required to enter into contracts with employees with disabilities, providing them with working conditions that comply with individual ITU labor recommendations. Employers must provide information on the availability of vacant quota jobs to the Employment Center database on a monthly basis.

Job quotas for disabled people

They have no right to refuse to hire a person because of his disability!

In order to provide people with disabilities with jobs, a law on job quotas was adopted.

According to which, organizations with the number specified in legislation must establish the number of jobs for people with disabilities. This number is set as a percentage of the average number of all employees.

Currently, this law is controlled by employment authorities. In order to find out how much meth should be allocated for disabled people, you need to go there. But it is worth carefully studying the law itself.

In particular, it states that from the average number of employees, from which the number of jobs is calculated, those who, as a result of a special labor assessment, were found to have difficult, harmful and dangerous working conditions can be excluded.

What documents are required when employing a disabled person of group 2?

Another question that often arises during employment: is a person with disabilities required to present documents confirming his disability to the employer?

The Labor Code, specifically Article 65, specifies an exhaustive list of documents required for employment:

• employee identification document, most often a passport;

• work book (if the employee is not hired for the first time and is not hired part-time),

• SNILS;

• document on education, if the job requires special professional skills;

• military registration document (military ID), only for those liable for military service or subject to military conscription.

The employee is not required to provide other documents during employment. However, a person with disabilities has the right to document his or her existing disability.

Professional rehabilitation of a disabled person

If a citizen with a disability group is allowed to work, then a professional rehabilitation plan is drawn up for him, which includes:

• assistance in obtaining new qualifications and finding a job that meets established requirements;
• providing employers with subsidies to compensate for the costs of equipping workplaces for people with disabilities;
• assistance from a psychologist in choosing a new specialty;
• benefits for admission to higher education institutions related to the preferential right to admission without exams, the allocation of a budget place;
• creation of vacancy databases for people with disabilities.

Almost all activities are carried out by employment centers at the citizen’s place of residence. Let's consider each of these support measures if a group 2 disabled person is able to work.

Obtaining a new qualification

For unemployed citizens, there are free vocational training and retraining programs from the employment service. At the same time, people with disabilities have a priority right to undergo such training.

A scholarship is established during the period of study. Upon completion, the disabled person is provided with a certificate and assigned a new qualification.

To obtain this opportunity, a disabled person must contact an employment service employee with the following documents:

• statement;
• passport;
• individual rehabilitation plan;
• order to recognize as unemployed and register.

The application contains your full name, request for enrollment in the training group, signature and date.

In each region, the list of specialties and courses is different. For example, in Perm it is:

• seamstress;
• electrician;
• florist;
• photographer;
• locksmith;
• turner;
• tractor driver;
• gardener;
• beekeeper;
• poultry farmer;
• salesman;
• tailor;
• cook;
• baker;
• security guard;
• watchman;
• driver;
• electrician;
• operator;
• elevator operator;
• cutter;
• livestock breeder, etc.

Courses can be held either at the center or in another educational organization. Institutions are selected by employment service employees.

Help in finding a job

The Ministry of Labor and Social Protection of the Population is creating a unified database of vacancies for people with disabilities for all regions. To search, you need to go to the Rostrud website, select the “Work in Russia” section and find the “Employment of disabled people” tab.

In the window that opens, vacancies will appear in both private and government agencies:

• for people with poor vision - cleaners, music directors, managers, engineers, teachers;
• for people with hearing impairments – janitors, seamstresses, programmers, carpenters, auxiliary workers;
• proposals for internships and internships - for a psychologist, educator, manager, clerk, etc.;
• quota places - a vacancy specially reserved in a company for a disabled person.

The state obliges employers with 35 or more employees to allocate a certain percentage of jobs exclusively for vulnerable segments of the population, including people with disabilities.

The quota is:

• up to 3% with a staff of 35 to 100 people;
• 2-4% more than 100 people.

The exact values ​​are established by regional regulations.

When calculating, professions with harmful or dangerous working conditions are not taken into account. The company notifies the central authority about the created quota places. The employment center informs people with disabilities about the possibility of occupying such a position, organizes interviews and, if necessary, vocational training.

The website publishes regional statistics on the share of employed disabled people; the average for Russia does not exceed 30%. The minimum value in the Republic of Karelia and Mari El is 23%, the maximum in St. Petersburg is 42%.

Additional measures of support for employment include:

• consultations with a psychologist who assesses what a group 2 disabled person can do and draws up a list of suitable professions;
• holding job fairs to which people with disabilities and representatives of organizations willing to hire them are invited;
• compiling a list of vacancies and a list of candidates with regular updates;
• conducting a selection of places based on studying the rehabilitation plan, the testimony of a psychologist, and the desires of the citizen.

Attention!

Each constituent entity of Russia provides its own employment assistance measures within the framework of the “Accessible Environment” state program.

Providing subsidies to employers

Some regions have adopted specialized programs to provide subsidies to compensate for the employer’s creation of workplaces for people with disabilities. It can be spent on activities such as:

• payment of salaries for citizens with disabilities and insurance premiums for them;
• purchasing equipment - computer, telephone, furniture, etc.

Intended use is controlled by employment centers through on-site inspections.

The recipient can be either an organization or an individual entrepreneur.

But the following conditions must be observed:

• absence of tax debt and debts on other budget payments;
• the company is not in bankruptcy;
• the company or organization must not have foreign capital in its ownership;
• the employer has not been prosecuted for violating labor or migration laws;
• the company has not been allocated other budget subsidies.

To receive payment, an application and confirmation of the actual costs incurred are provided - checks, certificates, statements, etc. The review period depends on the region, as a rule, does not exceed 5 days.

The formula for calculations is also regulated by the regulatory acts of the constituent entity of the Russian Federation. In addition, a maximum size is established, on average - 50-100 thousand rubles.

Remember!

The amount may be revised if the citizen’s employment contract is terminated early. The company must report such facts to the central control center. A monthly report on funds used is required.

Benefits when entering a university

Disabled children, as well as disabled people of groups 1 and 2, have the right to the following benefits when entering higher educational institutions:

• allocation of budget space - about 10% of the total volume;
• right to preferential enrollment.

You can take advantage of the benefits by providing, along with a complete set of documents, a certificate-extract from the medical and social examination report on the establishment of the group. Such a document is issued after passing the examination along with an individual rehabilitation plan.

You can choose any Russian university and specialty. At the same time, the IPR should not contain restrictions related to the possibility of completing the educational process.

Documents to confirm disability during employment

To confirm an existing disability, an employee must provide the following documents:

• A certificate from the ITU bureau confirming a medical and social examination, based on the results of which the disability group and, if any, the degree of disability were established.

• Individual rehabilitation program for a disabled person.

The IPR contains the following information for the employer: what contraindications are implied by this employee’s Group 2 disability, whether he can work in an existing quota position, whether it is necessary to create additional special conditions at the workplace or purchase special equipment.

The employer is obliged to comply with all recommendations specified in the IPR regarding working conditions and workplace for a disabled employee. Very often, it is the requirements of labor legislation to create acceptable working conditions for people with disabilities that are the reason that employers are not too willing to enter into employment contracts with people with disabilities. In fact, creating conditions or equipping a workplace that complies with the labor recommendations in the IRP does not necessarily have to be too difficult or expensive. In most cases, we are talking about only a few not the most costly measures to make it easier for a disabled employee to access the workplace or reduce the impact of negative factors. For example, installing ramps or ensuring an acceptable level of lighting or ventilation in the work area.

In addition, the employee with a disability himself has the right to officially refuse to comply with all or part of the recommendations specified in his rehabilitation program.

You can get a job on a general basis, without a certificate of disability and IPR, but all additional guarantees will not be provided to the disabled person. This applies even to those categories of workers who have obvious signs of disability. In this case, the employer is relieved of liability for failure to comply with the guarantees and legal rights of a disabled person.

But it is worth keeping in mind that if a disabled person of group 2 works on a general basis, without confirmation of an existing disability, the law provides for the right to submit supporting documents to the employer at any time. In this case, changes must be made to the employment agreement (contract) of the disabled employee with the provision of all benefits and guarantees provided by law, and working conditions will need to be created for the employee that correspond to his IPR.

Working conditions for disabled people and employer's responsibility

Often, disabled people of the second group are employed as healthy people, and after some time they inform the manager about the true state of their health.

This behavior is not illegal, but the employer will have to work on an additional agreement to the employment contract, which will spell out all the guarantees due to a person in the second group.

Every employer who employs a disabled person is obliged to organize special working conditions in accordance with his rehabilitation program. In addition, all sanitation and hygiene requirements must be observed.

Failure to comply with these conditions threatens the employer not only with an administrative fine in accordance with Art. 5.42 of the Code of Administrative Offences, but also judicial proceedings on the right of an employee to appeal to the labor inspectorate or court.

Working hours

Art. 91 of the Labor Code of the Russian Federation for disabled people of group 2, a shortened working week is defined - up to 35 hours, which corresponds to a 7-hour or less working day. The exact numbers depend on the recommendations of the employee’s rehabilitation program. Art. 23 Federal Law No. 181, workers are retained the full amount of remuneration regardless of the working hours assigned to them.

Work nights and overtime, weekends and holidays

A disabled person has the right to work at night and on any days except weekdays, if this does not contradict the recommendations for his health. It is only important that the worker provides management with consent to this in writing, while reserving the right to refuse such work (Article 96, Article 99, Article 113 of the Labor Code of the Russian Federation).

Annual leave

Employed disabled people Art. 23 Federal Law No. 181 provides paid leave of at least 30 calendar days every year. Also, upon written request, an employee with a “group” can receive additional, unpaid leave of up to 60 calendar days (Article 128 of the Labor Code of the Russian Federation).

Citizens who became disabled as a result of the Chernobyl disaster fall into a special category. They can count on annual paid leave at any convenient time, as well as additional paid leave - up to 14 days (Article 14 of Law No. 1244-1 of May 15, 1991).

Equipment for a special workplace

Art. 22 of Law No. 181-FZ defines a special workplace as a place of work for a disabled person, equipped or improved by management, taking into account physical limitations and in accordance with legislative requirements (Order of the Ministry of Labor of Russia No. 685n dated November 19, 2013).

Restrictions for a person with a 2nd group disability

Despite the fact that people with disabilities have the right to work, work should not be contraindicated for a disabled person for medical reasons or health reasons.

Contraindications available for employment of a person with disabilities depend on what disease group 2 disabled people have. The employer must determine whether disabled people can work in the proposed position based on the nature of the work and the recommendations of the IPR.

What should an employer take into account when hiring or refusing to hire a disabled employee, so as not to break the law? And how can the employee himself obtain information whether he has the right to apply for employment in any specialty? For example, can a group 2 disabled person work as a driver, loader, or repairman?

For example, heavy physical and nervous stress, the occurrence of stressful situations when performing work functions are contraindicated for disabled people with disorders of the internal secretion organs, digestive or circulatory systems, or with mental disorders.

In addition, health problems associated with mental disorders require a ban on work involving excessive noise, toxic substances, dangerous equipment, and active communication with people. It is prohibited to perform work at heights, at a high pace, or in monotonous work that requires constant attention. These restrictions exclude, for disabilities associated with mental disorders, the work of a driver, the performance of labor functions in the workshops of chemical enterprises or on an assembly line.

In case of disability associated with diseases of the visual system, work should exclude any visual strain, and the workplace should not be in dusty or poorly lit rooms. The employer should pay special attention to the safety of the visual apparatus, completely eliminating the possibility of visual injury.

If a disabled person has speech impairments, it is prohibited to be employed in jobs that involve constant verbal communication with people or the issuance of verbal commands and signals, work in conditions of loud noise, or involving nervous (mental) stress.

A disabled worker with hearing impairment is completely contraindicated for types of work in unfavorable climatic conditions, work that involves constant exposure to loud noise, chemical and (or) toxic substances, vibration, low-frequency or high-frequency sounds, as well as work that requires good hearing.

Separately, it is worth considering such a controversial, but quite common contraindication as working at night. The presence of a ban on this type of work or its absence in the IPR is a decisive factor in deciding whether a group 2 disabled person will be able to work as a watchman, security guard or watchman on the night shift. This contraindication is indicated for disabled people with disorders of the digestive or respiratory system, disorders of the internal secretion organs and metabolic processes of the body, and blood circulation.

The following question often arises: if work at night is contraindicated, is it possible for a group 2 disabled person to work as a security guard or watchman during the day or evening? An employee who has such a contraindication can work from 6:00 a.m. to 10:00 p.m. if his workplace and working conditions comply with all ITU labor recommendations specified in the IPR.

In addition to the contraindications already mentioned for the work of a person with disabilities, there are a number of other restrictions that, depending on the health disorder, disabled workers of group 2 may have. Whether employees of this category can work in a vacant position depends primarily on the degree of disability specified in the IPR.

The right to work with disability of the second group

Assigning a disability of any group does not deprive a Russian citizen of his rights. A disability group is a method of state support that provides additional protection of human rights and interests. The second group assumes that the disabled person has retained the ability to self-care by 70–80%. The right to work in case of disability of any group does not imply the obligation to work. With the assignment of a disability group, state payments are assigned. Their size is small, but if a person with a disability is able to subsist on this money, he may not have to work.

Most citizens who have received a disability group would like to work. The reason is not only the desire to earn money - having become disabled and staying at home, people lose social contacts, and this is also difficult. Based on the interests of people with disabilities and society’s need for additional labor, the state strives to create conditions for the employment of people with disabilities. Enterprises of all forms of ownership have quotas for hiring people with disabilities of various groups. If the quota is not met, the employer is subject to fines.

However, some employers prefer to pay fines rather than hire people with disabilities. They are afraid of the need to provide special conditions for such workers.

Degrees of disability

The degree of disability is indicated in the ITU certificate, which confirms group 2 disability. Is it possible to work if this section of the help contains an indication of the degree of limitation?

Grade 3 is the most severe. It is assigned to those people with disabilities who, by decision of the ITU commission, are not able to work. It is illegal to officially hire an employee who has a certificate indicating the 3rd degree, regardless of the desire of the employee himself. For this reason, the 3rd degree causes a lot of controversy. Human rights organizations insist that restrictions of this type discriminate against people with disabilities, depriving them not only of the right to work, but also the support of the Employment Center.

The 2nd degree of disability involves the performance of labor functions in conditions created taking into account the recommendations of the IPR and/or in a specially equipped workplace, with the use of additional tools or equipment. It is possible to determine whether a disabled person of group 2, 2 degree, can work in the position offered to him, using the column “Recommendations on contraindicated and accessible types of work” in the Individual Rehabilitation Program. Concluding an employment contract with a disabled employee who has this degree of limitation imposes on the employer the obligation to create working conditions for this employee in strict accordance with the IPR. The only exceptions are cases when a disabled person voluntarily refuses part of the conditions in writing.

The “lightest” degree of restriction - the first - is established for disabled workers who are able to perform labor functions without special conditions, but with a decrease in the volume of professional production activities and (or) with a decrease in qualifications. Also included in the 1st degree are cases when the employee is unable to perform work in his profession.

If disabled people of group 2 can work without restrictions, this section of the ITU certificate of disability states about.

Employment of disabled people

The employment of this category of residents of the country is regulated at the state level, since it is quite difficult to find a job without outside support.

The main regulatory documents according to which employment is carried out are:

1. Constitution of the Russian Federation. The main document of Russia clearly states that every citizen of the country has the right to work, regardless of age and physical health.
2. Federal Law No. 181-FZ , which explains the required working conditions for people with disabilities, compliance with which is mandatory for all organizations in the country.
3. Labor Code of the Russian Federation. The document contains the rights and benefits that this weakly protected category of residents of the country has when applying for a job, as well as in the process of working.

The state provides for the mandatory allocation of quotas for hiring disabled people for each and every Russian company:

1. 2–4% of the total number of employees in the organization, if the staff is more than 100 employees;
2. Up to 3% if the company has a staff of 35 people.

Certain regions of the country may have their own laws that clarify federal standards. For example , in St. Petersburg, for all companies with a workforce of 35 or more, the general hiring rate for people with disabilities is set at 2%.

Employment of a disabled person according to the Labor Code of the Russian Federation is carried out under standard conditions: the set of requested documents is the same for any citizen of the country.

Important note: a disability certificate is not a document required to be presented to the employer. Therefore, if the employee does not present it during registration, the organization is not responsible for non-compliance with labor standards and organization of the work process.

If the certificate is nevertheless provided to the employer, then all benefits and differences in the work process for this category of persons are prescribed in the concluded employment contract.

Is it possible to change the degree of disability?

Whether it is possible to work with group 2 disability depends primarily on the assigned degree of disability. But will a 3rd degree, especially one awarded indefinitely, always mean that a person with disabilities has no chance of finding official employment? Can disabled people of group 2, if desired, change the degree of disability? Can they work, for example, in a specially equipped workplace and (or) with the creation of the necessary working conditions?

Even an indefinitely established 3rd degree of OSTD is not necessarily a “final verdict” for a disabled person. The 3rd degree of OSTD can be changed to the 2nd by contacting the IEO bureau with an application. To do this you need:

• Receive a referral to medical examination (form 0-88/у) at the clinic.

• Contact the ITU Bureau with a referral, attaching an application addressed to the head of this organization. The application must indicate that the examination is carried out for the purpose of developing and issuing an Individual Rehabilitation Program for a disabled person. Be sure to indicate in the “Other” column the request to change the 3rd degree of OSTD to the 2nd degree of OSTD.

Based on the results of the examination, the ITU commission may decide to change the 3rd degree of the OSTD to the 2nd degree and issue recommendations to the IPR or reject this request.

Features of the process of assigning group 2

A person who wants to be given a disability must undergo an examination as part of a medical and social examination (MSE).
But before that you need to prepare the relevant documents. For example, the applicant provides a referral for medical examination from the attending physician. The paper contains data: - about the state of the person; — how severely the functioning of his body is impaired (degree); - what are the compensatory capabilities of the body; - what treatment measures were previously carried out in order to restore health.

Please note that if you have medical documents, you can get this referral from the Pension Fund or Social Security. If the medical institution, fund or social security authorities refused to issue a referral, it is permissible to independently contact the ITU bureau. In this case, you will need the following documents:

— passport of a potential disabled person (copy and original); - work record book (a copy is possible), if the person has previously worked; — certificate of income; — application for examination (you can fill it out yourself or through a legal representative); — the applicant’s outpatient card; - characteristics given from the place of work (if there is or was one) or study; — act of injury or occupational disease (only if health problems are caused during work activities).

The specified list of papers may change in some cases, so it is better to check with the Administrative Regulations, which were approved by Order of the Ministry of Labor dated January 29, 2014 No. 59n.

Passing the ITU

To assign a disability, you should contact the ITU office at the applicant’s place of residence.
If it is difficult for a person to come on his own, he is allowed to conduct an examination at home. In any case, members of the commission assess the person’s condition, analyze documents, clarify living conditions from society and everyday life, take into account work opportunities and psychological aspects. During the MSE process, a protocol is kept (its form is indicated within the framework of the Order of the Ministry of Labor dated December 29, 2015 No. 1171n). The protocol includes: - the dates when the examination is carried out, when the decision will be made and when the application was submitted; — time of examination of the person; — Full name, date of birth and gender of the applicant; — citizenship and attitude to military service; — place of residence and registration; — passport details and contacts of a potential disabled person; — the reasons for conducting and the purpose of the ITU; — information on the re-implementation of ITU; — place of inspection; — survey results; — the period during which the assigned disability is valid; — Full name and signatures of the specialists who carried out the MSA, including the head of the bureau.

ITU Act

As part of the examination, experts take into account the majority opinion on the issue under consideration.
Based on the results of the process, an act is drawn up (see order of the Ministry of Health and Social Development dated April 13, 2015 No. 228n), which gives an idea of: - data about the participant in the examination; — decision of the ITU federal bureau; - type and degree of health disorders; — the cause of disability and the approved group; — a conclusion regarding the severity of restrictions; — the degree related to the loss of ability to work; - date of new re-examination.

Re-examination for the second disability group

Note that in group 2, a re-examination is carried out after a year.

Refusal to assign 2nd disability group

If the commission representatives did not grant a person a disability, you can appeal the refusal within a month.
To do this, the applicant for the group or his representative writes an application and submits it to the ITU bureau where the commission took place. Based on the document, they will appoint another ITU, during which the main bureau may approve the applicant’s request and grant disability. If you were unable to achieve the desired result here, you can send an appeal to the Federal Bureau (this is also given a month, starting from the day the decision to reject the claim was made). Next, specialists from the Federal Bureau will check the person’s health. In general, decisions of these bodies, regardless of their level, can be appealed in court.

How can formal employment affect your disability pension?

Does a Group 2 disabled person have the right to work under an employment contract, while receiving a disability pension and other payments in the same amount as before employment? The pension assigned to a disabled person of the 2nd group will not be canceled or reduced after employment. But changes may affect other payments. For example, some types of regional subsidies or subsidies for housing and communal services may be canceled due to the improved financial situation of the disabled person and his family members. The cancellation will certainly affect the additional payment to the pension up to the subsistence level, if there was one, and the unemployment pension.

Social assistance, payments and benefits for disabled people of group 2

For working disabled people of the second group, the state provides some benefits:

• No probationary period when hiring;
• Possibility to set a part-time or weekly work schedule, with mandatory working of the approved time;
• Overtime and going on shift at night are unacceptable;
• Preferential right to employment subject to staff reduction;
• Urgent termination of an employment contract by an employee due to health reasons.

In addition, there are material subsidies that are transferred to the employer’s account from the social protection fund for disabled people. However, it is worth considering that this is only possible if the citizen gets a job in the direction of the municipal employment service.

Enterprises whose employees include people with disabilities are constantly subject to inspections:

• Legal;
• Social;
• Qualification
• Medical.

Employment of disabled people of group 2 is quite possible, however, it is associated with some difficulties and features.

Conditional list of diseases

The appendix to order No. 1024n provides only generalized data on diseases, the presence of which a person can apply for the status of a disabled person, including group 2. In particular, it identifies groups of diseases affecting:

1. Organs of breathing, vision, hearing, speech.
2. The circulatory system, as well as hematopoietic organs and the immune mechanism.
3. Digestive organs.
4. Genitourinary, nervous, endocrine, musculoskeletal system.
5. Psyche.

In addition, the cause of disability can be neoplasms, diseases of the skin, subcutaneous tissue, etc. But the ITU takes into account:

• the very fact of the presence of the disease;
• degree of severity of violations (there are 4 degrees);
• the degree of severity of restrictions in each of the main categories of human life (there are 3 such degrees).

Based on practice, you can make an approximate list of which diseases belong to group 2 disability:

• ptosis in both eyes;
• paralysis of one arm or leg;
• absence of one arm or leg or dysfunction of one limb;
• mental disorders if the disease has been present for more than ten years;
• skull defects;
• pulmonary failure that has progressed to the chronic stage;
• absence of one lung;
• oncological diseases, during treatment with radiation or chemotherapy;
• liver damage, if there is no improvement after treatment;
• joint replacement.

It is impossible to say with certainty that the named diseases are definitely included in group 2, while others are not; this is only an approximate list. The ITU assessment is carried out comprehensively, based on all factors, criteria and classifications specified in the legislation.

Review of Order 1024n dated December 17, 2015 of the Ministry of Health and Social Development with amendments for 2021

What professions are available to disabled people of group 3

People belonging to the 3rd disability group have a less wide choice of profession. This is influenced by the state of human health and the need to equip the workplace - not all enterprises can afford this. However, the list is still quite extensive:

• educator;
• accountant;
• advertising agent;
• architect;
• librarian;
• courier;
• painter;
• operator;
• lawyer;
• insurance agent;
• administrator, etc.

Determination of disability by a medical commission

To undergo a medical and social examination (MSE), an individual can be referred by employees of the Pension Fund of the Russian Federation, a social protection authority, to a therapist or other doctor of a narrow specialization. In addition, if these authorities refuse to send an individual for examination, he can apply there independently. A set of documents and reports is generated, in which the diagnosis is recorded. They are submitted to the ITU registry. In response, a date is issued for which the examination is scheduled. If it is impossible to visit the ITU, it is carried out at home. This procedure is ambiguous, since it requires confirmation from a medical institution.

In addition to doctors, the commission includes social service employees, psychologists, and may also include other workers. A citizen undergoing the described examination is examined, a set of documents and various life aspects are studied, after which a decision is made. The ITU meeting is recorded. The decision is made by a majority vote. It is the commission that decides whether a particular citizen’s disability group 2 is working or not.

If an individual is denied the assignment of disability, he can challenge this decision in a higher bureau - the decision of the district ITU can be challenged in the main bureau, its decision - in the federal bureau, after which, if the person who applied is dissatisfied with the decision, it is necessary to go to court.

What working conditions exist for the described group of disabled people?

The employer must provide a disabled person with a workplace in accordance with the approved rehabilitation program (IPR). If required, it is necessary to install special equipment, for example: for employees with hearing impairments, special amplifiers, and for employees with visual disabilities - audio programs. Also, if necessary, install specialized office furniture and improve workplace lighting. If labor recommendations are not followed, the employer may be held liable.