The Cabinet of Ministers of Ukraine has approved updated rules for assessing a person's daily functioning (ADF), which serves as the basis for establishing disability status. The resolution, published on the government portal and provided to RBC-Ukraine, introduces systematic changes to the procedures for assigning, re-assessing, and appealing disability status. Key innovations affect the terms of group assignment, the list of conditions for lifetime status, the possibility of undergoing the procedure without the patient's personal presence, and the rules regarding military personnel and combat participants.
Lifetime Disability and Updated List of Conditions
The most noticeable change concerns the timeframe for which disability is established. For individuals assigned Group I for the first time, assignment for a period of one to five years or indefinitely is now permitted, depending on the results of the expert assessment. Upon re-assessment, lifetime disability is also possible if there are appropriate grounds: irreversible impairments of bodily functions that do not respond to treatment and rehabilitation, or situations where such measures would be ineffective. The list of anatomical defects and diseases for which disability is established without re-assessment has been updated and now includes 97 items with refined criteria. In addition, lifetime disability will be available to people who have reached retirement age under preferential terms.
Protection of Status During Overdue Re-assessment
The government has regulated the situation where the term of the current disability has expired, but a decision based on the re-assessment has not yet been made. In this case, the previous status is automatically considered extended until the date of the new decision by the expert team. This eliminates the "gray zone" where a person formally loses status but has not yet actually undergone re-examination.
Expansion of Remote and On-Site Assessments
The possibilities for undergoing assessment without personal presence before the expert commission have been significantly expanded. The remote procedure now applies to certain types of amputations, congenital absence of limbs, and severe intellectual developmental disorders. For military personnel, police officers, and combat participants who are hospitalized for a long time and do not meet the criteria for remote review, an assessment at their location or place of treatment is provided. A similar option applies to people located in combat zones or temporarily occupied territories, provided there are relevant medical indications.
Changes for Military Personnel and Cancellation of Unnecessary Procedure
A separate block of amendments concerns the military. The circle of officials authorized to refer military personnel for assessment has been expanded: the heads of medical services of military units have received this right if grounds exist, but the military medical commission has not formed a referral. At the same time, the requirement to send a patient for assessment to obtain a recommendation for extending temporary disability beyond 120 days has been canceled—this issue is now completely resolved by the attending physician without involving the expert team.
Unified Directory of Causes and Two Causes Simultaneously
The government has introduced a unified directory that maps the conclusions of military medical and other commissions with the causes of disability established by expert teams. In a number of cases, expert teams will be able to simultaneously record two causes of disability. This applies to situations where one of the causes is related to disability since childhood, and the other to health damage resulting from deprivation of personal liberty due to armed aggression against Ukraine. This norm will enter into force one month after the publication of the resolution.
One Year to Fix Errors and New Appeal Forms
The timeframe for applying to correct clerical errors and technical or arithmetic mistakes in the extract from the expert team's decision has been significantly increased from 40 calendar days to one year. The appeal procedure has also been clarified: the person's functional status assessment center reviews complaints in the form chosen by the applicant—in person, remotely, or via telemedicine. During the assessment, the patient is allowed to be accompanied by a sign language interpreter or one accompanying person. Doctors are obliged to inform people of their right to undergo an assessment if relevant medical grounds are identified. Previously, as RBC-Ukraine reported, the family or attending physician is required to issue a referral for ADF if medical grounds exist, and the decision on disability is made by the expert team; in case of an unjustified refusal to refer, the patient can contact the department head, document the refusal, and file a complaint with the Ministry of Health.
