Rules for issuing pensions to working disabled people of group 3 in 2020

According to the law, having a disability group of 3 is not an obstacle to work (with some reservations) and subsequent receipt of a pension for work activity. But first, you need to secure your special status by passing an examination.

Before this, however, you need to get a referral from a doctor and follow a certain sequence of steps. During a medical examination, specialists will assess the degree of limitations, health status and more.

As a result, they may be assigned group 3, in which it is not prohibited to perform work duties in the same or another place. Working disabled people apply for a pension according to the prescribed rules, which we will consider below.

General concepts

The group in question is assigned to individuals who are able to take care of themselves and perform normal activities. From the outside, they are often no different from healthy people. Group 3 disabled people in most cases remain able to work. They can switch to jobs with flexible hours or less labor intensity. Retraining is not excluded.

And yet, due to violations, as well as some limitations in opportunities, they are considered beneficiaries. For example, the state, in the form of material support, accrues a pension payment to holders of group 3, which is divided into:

— state

- paid from the state budget and available to WWII participants, military personnel, citizens with the insignia of the Siege of Leningrad, victims of radiation and man-made disasters;

— insurance

or labor (until January 2020) - consists of deductions received by the insurance and Pension Fund for the entire period of work, if the disabled person has work experience;

— social

- accrued to all disabled people without taking into account length of service and for category 3 it is usually equal to the minimum wage or increased if a citizen with disabilities has dependents.

Important

! A pension of a certain type is calculated in its own way, that is, in each case certain criteria are taken into account.

By the way, about disability. This concept is used if a person’s condition limits his activities in various aspects. At the same time, specialists can identify deviations in the mental, sensory, mental, and physical planes. Often, due to health problems, loss of ability to work is recorded.

The more serious the problem, the lower the assigned category. In this case, group 3 means a mild degree of restrictions, while group 1 is considered the most difficult. However, for any group, the state provides pensions and preferences to beneficiaries.

State pension

This type of pension is based on:

• former military personnel who became disabled during their service;
• WWII participants, residents of besieged Leningrad, regardless of the reasons for their disability;
• disabled people due to man-made disasters;
• cosmonauts who have become disabled due to preparation for space flight.

Amount of state pension payment

The size of the monthly state pension depends on the disability group, the reason for receiving the group, and is calculated as a percentage of the corresponding social pension.

If the disability is due to a military injury, then the coefficients will be:

• for group 1 the coefficient will be 250%;
• for group 2 – 200%;
• for group 3 – 150%.

For disabled people who received a group due to illness during military service, the following coefficients are established:

• for group 1 – 300%;
• for group 2 – 250%;
• for group 3 – 175%.

That is, in order to calculate what pension is due to a disabled person of group 2 who received a military injury, it is necessary to refer to the law “On State Pension Security”. In Art. 18 of the law states that group 2 is entitled to a monthly social pension in the amount of 5034.25 rubles. We multiply this amount by a factor of 200% and get:

5034.25 * 200% = 10068.5 rubles will be the monthly pension for a group 2 disabled person who received a military injury.

For citizens of the Far North, the law provides for an additional coefficient of 1.4. That is, when calculating a pension for a citizen who received a group 2 disability due to a military injury and permanently resides in the Far North, we get:

5034.25*200%*1.4 = 14095.9 rubles.

If a disabled person has dependent citizens, for each of them an additional payment in the amount of 1678.08 rubles is due (but not more than for 3 people), that is:

(5034.25+1678.08)*200% = 13424.66 rubles for a group 2 disabled person due to a military injury who has 1 dependent.

The legislative framework

The process of recognizing a person as disabled and assigning a group to him is carried out during a medical and social examination (MSE) in special bureaus. This procedure is prescribed by Law No. 181-FZ “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995. In addition, Order No. 95 of the Government of the Russian Federation defines the purpose of the group.

Order No. 17 of the Ministry of Labor of the Russian Federation regulates medical control, issuance of a certificate, approval of a disability category and other important components of the process. Orders No. 1 of the Ministry of Labor of the Russian Federation and No. 317 of the Ministry of Health are also quite informative in this regard.

Adjustment of payments when changing the disability group

To assign a pension, persons with disabilities must undergo a medical and social examination (MSE). It determines how much a person needs outside care, specialized treatment and whether he is entitled to a pension for people with disabilities. The diagnosis requires periodic re-examination - this may change the assigned group.

If the ITU is missed without a good reason, then pension payments are suspended. The frequency of re-examination depends on the disability group:

• For the 1st – 1 time in 2 years.
• For 2nd and 3rd – annually.

In certain situations, disability may be assigned for life. This is permitted by law if:

1. The pensioner has reached the established age (for women - 55 years, for men - 60), or the next re-examination falls during this period.
2. Over a certain period of time, a citizen’s existing disability category is constantly confirmed. For the 1st group it is 5 years, for the 2nd - 15 years, for the 3rd group there is no such opportunity (except for disabled military service people, for whom a 5-year period is established).
3. A disabled person has pathologies and injuries included in a special list approved by Decree of the Government of the Russian Federation No. 247 of April 7, 2008 (this includes malignant tumors, blindness, amputation of limbs, etc.).
4. By the next re-examination, a disabled person in military service will be 55 years old.

The reason for re-examination may be the disagreement of the pension recipient (or his guardian) with the established group of disabilities. In this case, it is necessary to submit an application for re-appointment of the ITU with a different composition (the law allows for a month for this). If the results do not satisfy the pensioner this time, he still has the right to challenge the decision by filing a lawsuit.

The procedure for assigning disability (or re-examination) takes place at the regional bureau of medical and social examination. If it is impossible for a citizen to visit this institution (for example, for bedridden patients), a medical and social examination is carried out at home. Regardless of the method, the patient must have a referral from the attending physician and test results.

The commission consists of at least 4 specialists (must include a psychologist). They assess the patient’s condition through a personal examination, studying the medical record, test results, etc. If necessary, they ask questions to the disabled person or his guardian (for example, about the possibility of independent care, etc.). As a result, a decision is made to assign/confirm a certain group or remove disability.

• Fecal occult blood test
• Where can a pensioner get a certificate of income for the bank?
• Writing articles for money on the Internet

Group decline

If the next re-examination reveals positive dynamics during the treatment of an illness or rehabilitation after an injury, then this indicates an improvement in health. In this situation, the ITU commission has grounds to downgrade the limitation group (for example, from 1st to 2nd). The procedure for recalculating the amount of pension payments in this case is as follows:

1. The ITU Commission makes a decision on improving the condition of the person being examined. A special act is drawn up, which records the need to lower the disability group.
2. A copy of this document is sent to the Pension Fund at the place of residence of the disabled person. This is an automatic, legally established procedure that does not require an application/application from the pensioner.
3. Based on the received act, the Pension Fund performs a recalculation. The accrual of the disability pension in the changed amount will begin from the next month after the MSA.

Group Promotion

If, during the re-examination, the ITU commission comes to the conclusion that the dynamics are negative and the health condition of the disabled person is deteriorating, the disability group is increased (for example, from 2nd to 1st). The procedure includes the following steps:

1. The ITU commission studies the card and test results of the person being examined, independently conducts an examination and diagnoses a deterioration in health (expressed, among other things, in a decrease in the ability to care for oneself). Based on the totality of the information received, specialists make a decision to increase the category of disability and document it.
2. The examination report is received by the Pension Fund and serves as the basis for adjusting the amount of security. The participation of the recipient of payments (in the form of a written request) is not required.
3. The new pension amount will be calculated starting next month.

Removal of disability

The procedure for removing disability (and canceling pension payments) is organizationally no different from cases of increasing/decreasing the group. The IEC Commission registers the patient’s cure, which deprives him of the opportunity to receive government benefits due to limited capabilities. The drawn up act is sent to the Pension Fund and payments are stopped.

What is the pension provided for a working disabled person of group 3?

The amount of the pension and the conditions for receiving it differ depending on the severity of the injury, illness, degree of restrictions, etc. To approve the amount of payments, the total work experience of a person with disabilities is taken into account, and the period for establishing group 3 does not play a role (that is, the citizen became disabled after completing his or her activity or during it).

Let us note one more point: before calculating a disability pension, the age of the person applying and his insurance experience (at least the minimum), which is associated with age, are taken into account. Approximately, this length of service increases by 1 year for every few years of age of a citizen with a disability.

In any case, the employer pays contributions for a disabled employee in the form of taxes and fees, which significantly affect the pension. At the same time, the due pension payments are indexed (recalculated) every year without a declaration.

The insurance pension benefit of a disabled person consists of the sum of two parts: the insurance pension itself and a fixed payment to it. According to Article 15 of Law No. 400-FZ dated December 28, 2013, the insurance pension part is calculated using the formula:

SP = IPK x SPK

,

Where:

• SP - the amount of the insurance pension;
• IPC - individual pension coefficient;
• SIPC is the cost of one coefficient as of the day the benefit was assigned.

The value of the SIPC is established by law and is indexed annually. In 2020, the cost of the pension coefficient is indexed by 6.6%, after which it will reach 93 rubles.

The size of the IPC of a disabled person depends on:

• the amount of insurance contributions paid by the employer for him to the pension fund;
• the amount of insurance experience, taking into account the periods included in it.

Fixed payment to the disability insurance pension of group 3

Simultaneously with the assignment of an insurance pension to disabled people, a fixed payment to it is established. Its size is determined by law and is subject to annual indexation. Depending on the disability group, the presence of dependents and other factors, this amount is adjusted.

• for disabled people of group 3 it is 50% of the base amount (5686.25) and was equal to 2843.13 rubles.

Persons who worked in the Far North or equivalent areas, provided that their insurance experience was at least 25 years (men) and 20 years (women), are provided with an increase in the amount of the fixed payment:

• by 50% if the recipient has worked in the Far North for at least 15 calendar years;
• by 30% if he worked for at least 20 years (calendar) in areas close to the conditions of the Far North;

For pensioners living in the Northern conditions, for the entire period of their residence there, the fixed payment increases by the regional coefficient applied for this territory. True, for persons who, at the same time as this right, also have the right to a pension increase for work in these areas, one increase of their choice is applied.

Additional payment to the insurance pension for disabled people of group 3 for having dependents

Among other things, the amount of the pension is adjusted according to the number of persons dependent on the recipient: if there are none, 2,843 rubles are credited, if there is one, 4,738 rubles are paid. If you have two dependents, you are entitled to 6,633 rubles, and if you have three dependents, 8,529 rubles. Thus, in addition to length of service in 2020, current marital status is also considered.

Latest increase in pensions for disabled people

For non-working citizens with group 3 disabilities, the last increase in pensions occurred at the beginning of 2020, when the size of the fixed payment was raised to 5,334.19 rubles. Due to indexation, the allowance for dependents (disabled family members of a pensioner) has also changed. For each dependent (but not more than three) an allowance of 1,660.97 rubles is accrued. The changes, taking into account the general inflation in the country, also affected monthly cash payments (MCP), which includes a set of social services (NSS). The amount of EDV was 2,701.62 rubles, of which NSU – 1,121 rubles 42 kopecks

As for working disabled people, as already mentioned, there will be no increase in the amount of payments to them from 2020. Only compensation for missed indexations is provided when the pensioner resigns.

What documents may be needed when applying for a pension?

An applicant for pension payments cannot do without:

- Russian Federation passports;

— certificates of disability indicating the group;

— work book or other document confirming work experience.

As additional applications that may be required, a group 3 disabled person should prepare:

— a document about dependents (their absence or presence);

— an extract from the last place of work about the amount of salary for the past 2 months;

- certificate of departure and temporary residence abroad, if this is the case;

- certificate of change of full name (partially or completely), if this action was performed;

- a paper on obtaining a special status (disability) as a result of a radiation or man-made disaster (for those faced with such an experience).

A more detailed list of additional documents can be found in the Pension Fund, taking into account the specific situation. But it is important to understand that the right to a state pension comes into force when a citizen passes the ITU and receives group 3 with appropriate confirmation of this fact in the form of a certificate, certificate, etc.

Recalculation of pension after dismissal

After dismissal from their main place of work, individuals with narrow abilities have the right to rely on absolute compensation for the lost period (if indexing was carried out for a vacant resident). The absolute required amount will be accrued 3 months after dismissal. There is no need to inform the Pension Fund about the precedent of stopping work; notification will happen automatically. The responsibility for this lies with the employer.

Limitation on indexation for disabled workers will continue until 2020 (as long as this period is determined). In connection with the difficult financial situation, the problem of canceling payments to working people of retirement age is being considered. To ensure that the powers of this group of people are not upset, serious compensation is implied after dismissal. It should be emphasized that the response from people to the suspension (limitation) was natural - people began to leave the service.

Amount of increase in minimum compensation

Now let’s consider such an issue as the supplement to the pension accruals of a working disabled person of group 3. Alas, for persons in this category, unlike holders of groups 2 and 1, no allowances are provided in 2020. Group 3 disability allows you to choose one of the options, namely: labor pension and EDV or social pension and EDV.

The EDV is added as a supplement to the basic pension, depending on the set of social benefits used (left in kind). Social services mean:

— free travel on public transport;

— vouchers to the sanatorium issued every year free of charge;

— prescription medications (they can be obtained at a discount of up to 50% or at the expense of the state).

You can refuse the listed preferences in full or in part by choosing their cash equivalent. By the way, the EDV will be indexed on February 1, 2020 and, together with the NSI for disabled people of group 3, will amount to 2,244.85 rubles. As for the social package, it is equal to 1,155.06 rubles, where 889.66 rubles are for medicines, and 127.77 rubles are for travel in transport and, finally, 137.63 rubles are for vouchers.

In general, there are many nuances that determine the amount of additional payments and pensions for group 3, so it is worth consulting directly in your region.

The amount of pension payments to disabled people in 2020

For convenience, we have placed all indicators of pension payments provided for in 2020 in the table:

Amount of state pension for military personnel:

An insurance pension is awarded to a disabled person from the moment he receives a certain group, but with one condition: the citizen applied for a pension no later than a year after the group was established.

Where to go to apply for pension payments

State pensions, as well as social benefits, are assigned to a person with a disability, regardless of when he began to receive payments.

The only negative is that missed deadlines are not counted, which means that money will begin to be paid only in the month when the disabled person applied for it. He will not be compensated for missed deadlines.

Payments can be made directly to the Pension Fund, or using the help of multifunctional centers and the State Services website. You will need to attach a copy of your passport and disability certificate to your application.

If you need advice, our pensions lawyer can help.

Pension amount

Since a disabled person of disability group III, according to doctors, can work, albeit with restrictions, he is paid a fairly modest allowance. It is believed that such a payment will motivate him to look for ways to replenish the budget through work. And since the disability pension of group III will be replaced by an old-age pension upon reaching retirement age, a citizen will be able to earn himself the necessary number of pension rights to receive a decent pension in his old age.

The amount paid to pensioners with disability group III depends on what kind of pension the citizen is assigned. However, its size does not depend on the duration of the payment.

How are payments calculated?

There are several options for calculating pension accruals. First of all, this is the use of standard payment. It is understood that the citizen will be assigned a social pension. In this case, the sum has a standard expression.

When it comes to insurance payments, you can use several methods to perform a computational operation. Then the citizen receives the right to use full pension benefits.

This category of disability applies to the following persons:

• who has disturbances in the functioning of the internal organ system;
• mental disorders;
• defects of anatomical significance that require surgical intervention;
• diseases of the nose, ears, eyes or throat.

If a citizen has such violations, then he may be recognized as a category 3 disabled person, and will need to be examined by a commission of doctors. This category includes persons who became disabled during the Second World War and those who have the status of veterans of such a war.

This disability group is classified as workers. It is understood that a citizen can be involved in performing a labor function, and he will need some help.

Eg:

• use a special type of device in order to move long distances;
• a citizen cannot adequately perceive the material due to illness;
• employment may be permitted.

In addition, to obtain permission to work, it must be established that the citizen is able to navigate in space. To do this, he should not require the help of outsiders.