State denied disability allowance for sick oil worker

Baku/10.02.22/Turan: Since 1 July, a new criteria for determining disability will take effect in Azerbaijan. They are introduced in keeping with international experience, compiled on the basis of WHO standards, best international practices, the EU document "Rating of degrees of physical and mental disabilities. We have used proposals of the World Bank, the WHO, international law firm McKinsey and specialists of the Ministry of Health of Azerbaijan," the Ministry of Labor and Social Security told Turan.

The new criteria leave thousands of citizens without disability benefits. One of them is Nariman Abdullayev (born 26 March 1965), who came to Turan's editorial office wearing a spinal corset and leaning on a wheelchair. He asked for help. He lives in Garadagh region, Sahil settlement, since 1985 he worked at the trust for work with complex drilling (Kompleks qazma işləri) in Tamponaj idarəsi as driver-motorist and in other working positions.

On November 2, 1988, in line with the Labor Code, he was released from work, as he received an occupational disease which led to disability of the second group. His legs failed. He was bedridden for two years. He was cured, and in 1993 he was hired again at his previous place of work.

In the night of December 31, 2006, during shift change at Gum adasi field (Bahar buruglary well), during transfer from the rig to the ship, the landing pad was knocked down and Abdullayev fell into the sea. The oilman was searched for a long time under the rig and was barely rescued. Abdullayev received a severe blow to his back; he has had excruciating pain in his spine and lower back ever since.

In October 2007, he suffered another spinal injury at a drilling site in the Caspian Sea. On October 22 he had a spine surgery. He was repeatedly treated at in-patient hospitals.

On June 21, 2008 he was released from work due to a spine injury, occupational disease and disability of the second group. He has more than 15 years of preferential employment experience. From June 21, 2008 to June 24, 2021 Abdullayev received disability pension.

But since June 24 of this year the payment of my pension was stopped. Abdullayev has applied to all the authorities, provided the hospital № 23 of Garadagh district with new test results:

- MRI - magnetic resonance imaging;

- Electromyography (EMG).

- Conclusions of the examinations (Epicrisis).

This notwithstanding, the chief physician of the hospital № 23 of Garadagh region sent him four times with a referral for repeated examinations.

From 25.08.2021 to 02.09.2021 the oilman was examined in M. Efendiyev  Khatai Medical Center. He was diagnosed with: Lumbar spinal root compression (hemilyanin ektomiyasi) L4 on the right. Condition after removal of intervertebral hernia between L4-L5 vertebrae, spinal osteochondrosis. Discogenic radiculopathy with prolonged acute pain. Paresis of the right foot. Severe astheno-neurotic condition.

From 09.29.2021 to 10.11.2021 the patient had repeated examination at M. Efendiyev medical center. Diffuse osteochondrosis of spinal vertebrae after removal of disc herniation of L4- L5 vertebrae was added to the above mentioned conditions.

On November 22, 2021, he had his third examination at the same medical center. The above diagnoses were confirmed.

On January 31, 2022, he passed the fourth examination at Acad. Mirgasimov republican clinical hospital. The diagnoses were confirmed.

On the next referral of the head doctor of the hospital #23 of Garadagh region he was examined in the Republican center for rehabilitation of disabled people, where the doctor-neurologist told him: probably by this summer a new decree on the consideration of disability will be issued.

"All examinations repeatedly confirmed my diagnosis. Nevertheless, my disability is not confirmed, and no benefits are issued.  Since my spine is damaged, I cannot work and can hardly walk. It turns out that I am left without a livelihood. What am I supposed to do? Starve to death?! I'm not sure that the new decree will come out in the summer," Abdullayev said.

Turan sent Nariman Abdullayev's letter which he delivered to the editorial office, to the Ministry of Labor and Social Security and the same day received a reply from the head of the public relations department, Fazil Talibli. He said that the electronic system of the Ministry refused to issue Abdullayev a disability due to an incomplete referral from a medical institution (hospital #23 of Garadagh district is meant- the author).

On 25 January 2022 Abdullayev was examined by the State Agency for Medical and Social Expertise and Rehabilitation. It turned out that the medical institution's diagnosis of damage to the spine was not confirmed. In general, Abdullayev's general state of health does not provide grounds for granting him the status of a disabled person," the letter from the Ministry says.

The response said that Azerbaijan is introducing a new criteria for defining disability following which some people who previously received health benefits do not fall under this category. The new concept of defining disability covers a broader range of loss of functions in the body, expressed as a percentage. In the law, the words "causes and degree of disability" are replaced by the term "percent loss of functions". When determining these percentages, specialists proceed from the degree of a disabled person's ability to serve himself, to move freely, to eat, and to perform other natural needs.

If recertification reveals a citizen's ability to live normally without disability status, then the payments previously received are not returned to the treasury. Citizens have the right to appeal the commission's decision in court," according to the Ministry of Labor and Social Security.

All things considered, Turan contacted Nariman Abdullayev after the reply of the Ministry of Labor and Social Security.

"In that case, let the Ministry issue me a certificate of my legal capacity and assist in my reinstatement to my former job in SOCAR. Proceeding from the position of social security officials, there is no other way out," Abdullayev noted.-0-