In March 2011, the Verkhovna Rada adopted the Laws of Ukraine „On Amendments to the Law of Ukraine „On State Social Assistance to Persons Not entitled to Pensions and Disabled Persons„ regarding State Social Assistance for Care of War Invalids” and „On State Social Assistance to Disabled Persons from Childhood and Disabled Children”. Amendments were made to establish a new amount of state social assistance for care and to make the amount of assistance to a disabled person of the first group dependent on subgroup A or B.

Given the fact that many disabled people were assigned the first group before 2005, the extracts from the MSEC examination report do not contain information on the division of the first group into A and B, as such a division was not provided for by the laws of Ukraine.

According to the Law of Ukraine „On Rehabilitation of Disabled Persons in Ukraine” (2005), Article 7 states that disability and the degree of health loss of adult patients are determined by medical and social expert commissions. Patients are examined upon referral from the relevant medical and preventive care institution after diagnostic, treatment and rehabilitation measures have been taken, if there is evidence of a persistent impairment of body functions caused by diseases, consequences of injuries or congenital defects that result in limitation of life.

Depending on the degree of impairment of body functions and limitation of vital activity, a person recognized as disabled is assigned the first, second or third disability group.

After the adoption of the Law on Rehabilitation of Disabled Persons in Ukraine, the first group is divided into A and B depending on the degree of loss of health and the extent of the need for constant outside care or supervision.

Subgroup A of the first disability group includes persons with exceptionally high degrees of health loss, extreme dependence on constant outside care, assistance or supervision of other persons who are actually incapable of self-care.

Subgroup B of the first disability group includes persons with high degrees of health loss, significant dependence on other persons for vital social and domestic functions, and who are partially capable of performing certain elements of self-care.

According to a letter from the deputy head of the Vinnytsia Regional State Administration of 05.10.2011, the Regional Center for Medical and Social Expertise sent out a letter to coordinate the efforts of all institutions involved in resolving this issue, namely the Pension Fund of Ukraine, the Department of Labor and Social Protection, medical and social expert commissions, medical advisory commissions of all hospitals in the region, and doctors of medical and preventive care facilities.

Every disabled person of the first group has the opportunity to apply to a medical institution at the place of residence for a referral to the MSEC. After registering the documents, the commission members will examine the disabled person at the MSEC or at home (including on weekends) as soon as possible, draw up new conclusions with the specified subgroups A and B, make adjustments to the individual rehabilitation program of the disabled person depending on the patient's needs for medical, labor, social rehabilitation, and determine technical means and medical devices.

The MSEC takes into account the fact that disabled people of the first group are seriously ill, so they are examined at the commission first of all with high-quality and fast execution of all necessary documents.

The region's MSECs are constantly improving and continue to work on the re-examination of disabled people, if this information is news to individual patients, do not worry, you need to issue a referral to the MSEC, which will resolve this urgent issue in a short time.

On December 3, 2011, the Ministry of Education, Science, Youth and Sports of Ukraine hosted an all-Ukrainian meeting on «Medical and Social Expertise to Determine the Degree of Disability» in Kyiv on the International Day of Persons with Disabilities. Representatives of the Ministry of Social Policy of Ukraine, the Ministry of Healthcare of Ukraine, the State Service for Disabled People and Veterans of Ukraine, chief physicians of regional MSECs from all regions of Ukraine, including Vinnytsia Regional MSEC, heads and leaders of public organizations of disabled people were invited to participate in the meeting. The meeting discussed the need for accelerated reassessment of disabled people of the first group into subgroups A and B, understanding of such reassessment, the difference between the criteria for their establishment, requirements for filling out individual rehabilitation programs, and made proposals to improve awareness and interaction with the public.

On December 5, 2011, the Vinnytsia Oblast Center for Medical and Social Expertise hosted a workshop with representatives of NGOs that are members of the National Assembly of Disabled People of Ukraine. At the meeting, proposals were made to resolve the problems of disability determination in groups A and B in terms of the rights and choices of persons assigned the first disability group and persons caring for disabled persons, disabled children and others. Issues and proposals regarding the explanatory work and awareness of all participants in the process of preparation, paperwork, examination, and assignment of the first group of disability to subgroups A and B, as well as ways to speed up its implementation, were settled.

Currently, the work on the division into subgroups A and B is a priority for the medical and social examination service. The medical and social commissions of Vinnytsia region sent out invitations explaining the need for redistribution according to the lists of disabled persons of the first group from the Pension Fund of Ukraine. The regional Department of Labor and Social Protection also sent out invitations for the redistribution of the first group. At the same time, not all patients according to the lists and invitations sent from the two institutions have applied for the commission. Therefore, we remind those who have not yet resolved this issue that, according to the new legislation in force, it is necessary to apply to the Medical Advisory Commission (MAC) and the Medical and Social Expert Commission (MSEC).

Agapova N. P. -
Head of Vinnytsia City MSEC No. 1

Demko S. V. -
Representative in Vinnytsia region
All-Ukrainian public socio-political
Association ”National Assembly of Disabled People of Ukraine”

“Open Hearts”