The Ministry of Labor explained the new rules for determining disability

Baku/02.11.21/Turan: previously issued categories of disability revised in Azerbaijan. The procedure takes several months and no benefit is paid to them during this period.

The Ministry of Labor and Social Security informs about the establishment of disability according to new, modern criteria. What are the new regulations made of? Turan addressed this question to the head of the public relations department of the Ministry of Labor and Social Protection Fazil Talibov.

The message provided to Turan by a representative of the Ministry refers to the appointment of disability for a period or indefinitely in accordance with the law. In irreversible cases (amputation of limbs, serious diseases that cannot be cured, etc.), disability is assigned indefinitely (for life). When disability is established due to diseases and injuries from which recovery is possible, the term of disability is 5 years.

"The number of disabled people in our country is about 600 thousand. Disabled people are provided with a disability pension or (in the absence of the right to a pension) a monthly social allowance. Persons who became disabled during the war, the events of January 20, 1990, the Chernobyl accident, in connection with the performance of their duties military service, along with the specified pension or monthly social allowance, are provided with a monthly stipend of the President. The monthly stipend of the President is also granted to persons with group I disabilities for general reasons, as well as to those who care for children with disabilities. "

The work on assessing the disability of servicemen who were wounded in the Great Patriotic War. 2,100 of these veterans have already received disabilities in connection with the protection of the territorial integrity of our country.

Changes have been made to the law "On the Rights of Persons with Disabilities" and new criteria for assessing disability have been approved. A disability assessment based on these new criteria will begin on July 1, 2022.

For the first time in our country, the changes provide for a new conceptual approach in the field of determining disability, when the assessment of disability is carried out not on the basis of the traditional 3 grades, but on a wider spectrum, with new criteria, based on the percentage of loss of body functions. In the legislation, the words “reason, degree of disability” are replaced by the words “percentage, cause of bodily dysfunction”, the words “degree I disability” are replaced by the words “disability is established with 81-100 percent disability of the body functions”, the words “degree II disability” are replaced by the words “Disability was established with 61-80% impairment of body functions” and the words “Third degree disability” were replaced with the words “disability was established with 31-60% impairment of body functions,” F. Talibly noted.

That is, on the basis of the percentage of loss of body functions, mainly self-care, orientation, nutrition, freedom of movement, etc., will be assessed taking into account the degree of restriction of the main types of activity.

The aim is to ensure a reasonable and objective approach to disability assignment, targeting and social justice, and to increase the opportunities for the integration of persons with disabilities into society.

If it is established that the disabled person is no longer in a state of disability, undergoes rehabilitation, then the funds for the types of social security previously paid to him are not returned.

In connection with the decision of the medical and social examination service to refuse to establish a disability, a person has the right to file an appeal.

According to Fazil Talibov, over the past period of this year, more than 45 thousand persons were assigned disabilities, of which 14 thousand were primary, the rest were repeated.

Much is spoken about the shortcomings of the electronic system. In response to this question, the representative of the ministry noted that improvements have been made in this electronic infrastructure, more than 20 improvements have been made in the "disability" subsystem, and the "military medical examination and medical examination" subsystem has been introduced.

The representative of the ministry added that the recommendations of the WHO, the EU, the World Bank and the legislative experience of advanced countries were used in Azerbaijan when adopting the new rules.

One of the  mostly asked questions that readers ask Turan is related to the non-accrual of disability payments for the period of verification and confirmation of disability by the medical and social commission. Will these accruals be made to people with disabilities?

A ministry spokesman says that as a result of a humane approach to persons with disabilities, a new article has been introduced into the Law on the Rights of Persons with Disabilities. According to the article, if a person's disability is re-established as a result of a reassessment of disability within 6 months after the expiration of the period of disability, the person is considered disabled, including the missed period.

That is, if a newly disability is established within a period of up to 6 months after the end of the term of disability, then the new establishment of disability is issued on the date of the end of his previous term of disability. Thus, during this period, the citizen is paid social benefits for disability for the period between the end of the period of disability and the new date of establishing disability. — 0—