This article is useful for reading not only for people with disabilities, but also for healthy people. Few people think that everyone can potentially become disabled. Circumstances may arise so that a few minutes ago a healthy person became a person with disabilities in just a few minutes. Therefore, it is useful to know about the rights and obligations of persons with disabilities in accordance with the current Russian legislation and by-laws, especially in relation to the middle group of this class of people.
Ability to work with the described disability
2 disability group working or not? This question begins to worry the person immediately after receiving this group as a result of the decision of the medical commission. Assignment of disability is carried out by the medical organization to which the individual is attached. Different countries treat people with disabilities differently. In the framework of this article, we will try to understand who can be recognized as disabled by 2 groups, how you can live with it and whether it is possible to continue working after receiving such a group. Based on the analysis of regulatory information, we can say that if the chosen specialty does not cause harm to health and does not contradict medical requirements, then it is a working one.
What is meant by the described disability group?
This group can be provided to an individual if he has the corresponding diseases, regardless of whether they are congenital or acquired, if there are developmental pathologies from birth or injuries resulting in a persistent disorder of one or more body functions. Is disability working group 2 in Russia? This group, like any other, according to the Order of the Ministry of Transport of the Russian Federation dated December 17, 2015 No. 1024n, is not limited in its ability to work. The latter is determined by the degree of disability. Three degrees of disability are distinguished, while the impossibility of performing even elementary labor activities is laid down in 3 degrees by the ability to work. Therefore, to the question "Is the 2nd group of disability working or non-working?" it can be answered that at 1 and 2 degrees of disability, this group is working. This group can be given to an individual in the following cases:
- a person moves with difficulty, possibly with outside help;
- this person needs help using public transport;
- the same help is necessary for the correct orientation in time and space;
- there are difficulties with remembering, reproducing, processing information;
- limited contact with other persons.
The main diseases, as a result of which an individual can be recognized as a disabled person of 2 groups: mental, ophthalmological, speech, tactile, pulmonological, phlebological, gastroenterological, neurological, urological, cardiological, endocrinological, as well as various kinds of physical deformities.
Thus, when answering the question of whether disability group 2 is working or not, one must proceed from how damaged the health of an individual is, whether he can perform all or part of the required functions on his own or with someone else’s help.
Employment of people with disabilities is usually carried out in specialized homes, for example, deaf and mute, although according to the existing state program, quotas for places for people with disabilities have been introduced for all enterprises, but management, as a rule, is not in a hurry to hire people with disabilities.
Disability determination by the medical commission
To undergo a medical and social examination (ITU), an individual can be sent by employees of the FIU, the social welfare body, to a general practitioner or other doctor of specialization. In addition, if these bodies refuse to refer an individual for examination, they can apply there independently. A set of documents is formed, conclusions in which the diagnosis is fixed. They are handed over to the ITU registry. In response, the date on which the examination is scheduled is issued. If it is not possible to visit ITU, it is carried out at home. This procedure is ambiguous, since it requires confirmation in a medical institution.
In addition to doctors, the commission includes employees of social services, psychologists, and other employees may also be included. A citizen undergoing the described examination is examined, a set of documents is examined, various life aspects, after which a decision is made. The ITU meeting is being recorded. The decision is made by a majority vote. It is the commission that decides whether or not the 2nd disability group of a particular citizen is working .
If an individual is denied disability, he can challenge this decision in a higher bureau - the decision of the regional ITU can be challenged in the main bureau, his decision in the federal bureau, after which, if the person who is dissatisfied with the decision, needs to go to court.
Employment of persons with disabilities in accordance with applicable law
According to the Federal Law "On the Social Protection of Persons with Disabilities in the Russian Federation," these persons are given guarantees of employment by setting quotas for enterprises and organizations of various forms of ownership, which range from 2 to 4% of the average number of employees, and for legal entities with an average number of 35-100 people - no more than 3% upon adoption of the relevant law by the subject of the federation.
In addition to quotas, jobs are reserved for some of the professions that are best suited for people with disabilities, and incentives are given to those employers who create additional jobs for the aforementioned individuals. For working disabled people, conditions are created for rehabilitation and habilitation. The state guarantees the training of people with disabilities in other professions and helps to create the conditions for people with disabilities to carry out entrepreneurial activities.
What working conditions exist for the described group of disabled people?
When is the 2nd group of disability working? In addition to the requirements listed above, people with disabilities should work at a normalized level of noise, vibration, infrasound, dust, radiation, including electromagnetic, various chemicals, microbiological indicators. Work, in general, should not be excessively physically loaded, mainly in a sitting position in a free position, work should comply with ergonomic requirements, but should not be associated with too frequent movements. The medical report of each particular disabled person describes their working conditions.
Disability in the Union State
With the situation of disabled people of 2 groups in Russia, we figured out above. And what about the 2nd disability group in Belarus - is this group working or not in this state? According to the Law of the Republic of Belarus "On Social Protection of Persons with Disabilities in the Republic of Belarus", people with disabilities of any group can work. Work should be determined by the state of their health, and only upon the conclusion of MREC is it possible to prevent people with disabilities from working. The term for the rehabilitation of persons with disabilities is not defined, while during this period an individual cannot be dismissed from work.
2 the working group of disability in the Republic of Belarus, as in Russia, has a validity period of 1 year, after which an individual must re-pass a re-examination. In Belarus, the 2nd group can be established not only according to disability, but also with a dubious labor forecast and contraindications to work. In Russia, to establish a citizen’s disability, a combination of at least two of the following three conditions is necessary: damage to health with impaired body functions due to various diseases, injuries or defects; limitation of life activity, including labor activity; need for social protection measures, including rehabilitation and habilitation.
The latter concept was introduced from 01.01.2016 with the enactment of the law "On the habilitation of persons with disabilities." Abilitation means the primary formation of skills for something and is mainly applied to young children, in contrast to rehabilitation, which means the secondary acquisition of the ability to something that was previously lost as a result of various diseases, injuries, etc.
Therefore, to the question "Is there a working disability of 2 groups?" it can be answered that in the Union State the described group can be both working and non-working.
Benefits for the 2 working group disability
In Russia, the following privileges are granted to people with disabilities: for medicines (for workers - 50%, for non-workers - 100%), for a sanatorium (similar to medicines) and travel to it, monthly payments, provision of rehabilitation means, including motor transport, free services provided medical institution, payment of housing and communal services (MSW, heating, electricity, water supply and sanitation) and overhaul for yourself and others. They are provided, including for the 2nd group of working disability. Benefits for people with disabilities and families with children with disabilities who need to improve their living conditions and at the same time manage to register before 01/01/2005 consist in the provision of subventions. A person with 2 working disability groups is not charged personal income tax (income tax).
A disabled person of 2 groups, including with a working group, has the right to enter a university without a competition, but with successfully passed entrance examinations. Also, for a working disabled person of group 2, it is not allowed to establish a trial period, while processing is prohibited, with a reduction in staff, he has the right to preferential employment.
The benefits provided are aimed at ensuring that people with disabilities can receive minimal compensation for their injuries and have the opportunity to talk about concern from the state.
You can refuse a set of social services by writing a statement before the 1st of October of the month of the current year and submitting it to the territorial fund of the PFR. This statement does not need to be rewritten, it is valid until the writing of the reverse statement.
Pensions under 2 working group disability
The main type of payment for the 2nd group of disability (working) is pension. In addition, a monthly cash refund may be provided instead of benefits other than social benefits that are retained. Pension for the 2nd working group of disability is calculated on the basis of the amount of compensation, taking into account the corresponding increasing regional coefficient, the length of stay in severe weather conditions, the presence of dependent children. Pensions are paid at the expense of the PFR, where they come in the form of transfers from employers for working individuals, as well as from the federal budget. On February 1 of each year, the insurance part of the pension is recalculated, and on April 1, social compensation. The pension for the 2 working group of disability in 2017 is 4,959.85 rubles (from April 1). The insurance pension is 4,805.11 rubles. - 9610,21 rubles.
In the absence of dependent children, the labor pension for disabled people of the 2nd group is 4383.59 rubles, if there is one dependent child, then 5844.79 rubles, if two children are dependent, then 7305.99 rubles, and if three, then 8767 , 19 rub.
The size of the pension for 2 working groups of disability, as noted above, depends on the district coefficient, which is revised when moving to another locality. Social co-payment is also paid to disabled children.
Other payments and benefits
A person lives in society, so he is forced to take into account his financial situation, and therefore many people have the question: "How much do people pay for disability with 2 working groups?" In addition to the pension, monthly cash payments (EDV) , additional material support (DME), and compensation for expenses are taken into account.
The monthly cash payments in 2017 for the considered group of persons amount to 2,397.59 rubles.
In addition, payments are made to people who care for people with disabilities.
In the presence of a common disease, people with disabilities can get hand-foot prostheses for free, orthopedic shoes can be provided for free (of a simple design), at a discount, or at full cost (increased complexity). The number of prosthetic and orthopedic products received by a disabled person for free is determined in the federal list of rehabilitation measures. If a larger number of the above products is required, then they are given a discount of 70%.
In addition, people with disabilities can receive preferential prosthetics.
Representatives of this group of persons do not pay the state duty when applying with the relevant lawsuits to the courts of general jurisdiction, are exempted from the transport tax when purchasing a car with an engine capacity of up to 150 hp, are exempted from the state duty for a property claim with the amount of damage up to 1 million rubles, and also have a discount on notarial acts in the amount of 50%.
Working hours for employees with group 2
For working disabled people of group 2, a maximum working week of no more than 35 hours is provided, and wages should be kept full. A shorter working day for the 2nd group of disability is indicated in the medical certificate, more precisely, the maximum possible working day is indicated there, on the basis of which the employer must plan the working hours of the disabled person while maintaining the size of the wage. Without the consent of the employee, he cannot be involved in additional types of work.
Holidays for people with disabilities are from 30 calendar days, and this rule applies to an individual, regardless of what period of the year he received limited opportunities. An employee with a disability group 2, if necessary, can apply for unpaid leave up to 60 days.
Finally
Thus, the answer to the question of whether or not work group 2 is a disability requires knowledge of the degree of disability and the availability of a medical opinion from ITU. Various benefits and payments are provided for people with disabilities, which in many cases do not cover the needs of people with disabilities, but provide a minimum level for their survival. Persons with disabilities can receive social or labor pensions, EDV and other payments, which in total determines their total income.