With the onset of military actions in Ukraine, many defenders face severe health consequences that often lead to disability. In such cases, it becomes necessary to obtain a disability status, which grants servicemembers the right to social protection, financial assistance, and other benefits. However, the process of obtaining disability status can be complex and requires knowledge of the law, proper document preparation, and interaction with state agencies. In this matter, a qualified lawyer or attorney can provide invaluable assistance.
What is a disability group, and why is it important to obtain it?
A disability group is a medical and social status of a person who, due to their health condition, has lost their ability to work either partially or entirely. In Ukraine, disabilities are classified into three groups (I, II, III), with Group I being the most severe and Group III the least. Obtaining disability status grants the following rights:
- Financial support: A monthly disability pension from the state.
- Medical benefits: Free or discounted medications, treatments, prosthetics, etc.
- Social guarantees: The right to additional rest, employment considering health conditions, and sanatorium-resort treatment.
- Transport and utility discounts: Reduced costs for transportation and utility services.
The process of obtaining disability status helps to receive tax benefits, reducing the financial burden on an individual and their family. It also provides access to rehabilitation programs aimed at restoring health and adapting to society. People with disabilities can participate in specialized educational and professional programs, which increases their chances of employment.
How can a servicemember obtain a disability group?
Disability status is granted through the evaluation of a medical and social expert commission (MSEC). The process includes several steps:
- Consultation with a doctor: The first step is to get a referral to MSEC from your doctor. They assess your health condition, conduct necessary tests, and prepare the medical documentation.
- Undergoing examinations: Diagnostic procedures are mandatory to confirm the illness or injury that led to the loss of working capacity.
- Referral to MSEC: The hospital prepares and sends the documents to MSEC for further review.
- MSEC meeting: The commission evaluates your health condition, reviews the provided documents, and makes a decision regarding the assignment of a disability group.
- Issuance of a decision: After the disability status is approved, MSEC issues an official conclusion, based on which you can receive the corresponding benefits.
For military personnel who have sustained injuries or illnesses during service, it is important to include a certificate confirming the connection between their health condition and the fulfillment of military duties in the documentation. This significantly accelerates the review process by the Medical and Social Expert Commission (MSEC). After obtaining the commission's conclusion, it is necessary to contact the pension fund to apply for a disability pension.
Main challenges in the application process
Despite a clear process, servicemembers often face the following difficulties:
- Incomplete documentation: Errors or missing documents can result in denial.
- Lengthy review periods: Bureaucratic delays can extend the process by several months.
- Difficulty proving the connection between injury and service: It is essential to demonstrate that the injury was sustained while performing military duties.
- Unlawful denial: In some cases, MSEC may wrongfully refuse to grant disability status.
Additionally, a common challenge may involve the need to undergo repeated additional examinations at the request of the commission, which delays the process. Sometimes, military personnel face a lack of awareness about their rights and the required procedures, complicating the preparation of documents. The bureaucratic system can be overwhelmed, especially in regions with a high number of applications, further extending waiting times.
How can a lawyer assist with this issue?
A lawyer or attorney specializing in the rights of servicemembers knows how to act effectively to achieve the desired outcome. Here is how they can assist:
- Legal consultation: The attorney explains your rights and how to protect them.
- Document preparation assistance: The specialist reviews existing documents and helps prepare applications, certificates, and other papers.
- Legal representation at MSEC: The lawyer can be present during the commission's review of your case.
- Appealing a denial: If you are denied disability status, the lawyer will help you file an appeal or prepare a lawsuit.
- Resolving disputes: In cases of disagreements with state agencies or employers, the lawyer will represent you in negotiations or court proceedings.
A lawyer can also prepare well-founded requests and petitions to obtain additional information or conclusions that may influence the outcome of the case. They will ensure timely responses to the actions or inactions of government agencies, preventing critical procedural deadlines from being missed. Moreover, an attorney can conduct an independent legal review of the MSEC decision or other documents to identify errors and violations. The specialist will provide a detailed action plan to minimize risks and achieve a positive outcome in the shortest possible time.
Question
How to prove that an injury was sustained during military service?
Answer
To do so, you need to provide: An incident report (prepared at the scene of the event), medical certificates confirming the injury, a command order confirming your participation in combat or assigned tasks. A lawyer will help verify the documents and properly prepare the evidence.
Question
What benefits does a servicemember with a disability receive?
Answer
The benefits include: monthly pension payments, discounts on medical care, prosthetics, and rehabilitation, reductions in utility bills, priority access to sanatorium-resort treatment. A lawyer will help identify the full range of benefits under the law.
Legal assistance. A lawyer can help collect all necessary documents, prepare applications, represent your interests at commission meetings or in court. This minimizes the risk of denial and saves your time.
Lawyer assistance for servicemembers: Preparation of appeals, complaints, and certificates; representation in complex situations; resolution of disputes with state agencies or employers. Hiring a professional ensures your rights are upheld.
Step-by-step legal support. Obtaining a referral to MSEC. Assistance with document preparation. Representation at MSEC meetings. Legal protection in case of denial.
Obtaining a disability group for servicemembers is a complex but vital process that ensures social protection and financial stability. With the help of a lawyer, you can avoid mistakes, shorten review periods, and secure all entitled benefits. If you or your loved ones face this issue, do not delay—contact a qualified attorney who can guide you through every step of obtaining disability status.
