Arbitration Board Investigation Is Back – Documents Are No Longer Enough

On 13 May 2022, the Minister of Family and Social Policy presented a draft regulation for new rules for issuing certificates of incapacity for work. The law is being worked on, because in a while the investigation into the disability assessment committees will have to come back – documents are no longer sufficient.

disability pronunciation

Inaccording to data from SystemBee EKSMON – Office of the Government Plenipotentiary for the Disabled, in Poland, the total number of disabled people 3. 097,960. Including: 2,880,726 are adults (the number of people classified as disabled by a final judgment or judgment) and 217,234 are children (also as the number of people classified as disabled by a final judgment or judgment).

It is likely that regulations will soon be passed that will affect the situation of people applying for a certificate of disability.

The draft regulation of 13 May 2022 amending the regulation amending the regulation on the declaration of disability and the degree of disability (No. 77, hereinafter: the draft) is currently at the stage of consideration and advice by State fund for the rehabilitation of the disabled.

A judgment without examination and health assessment – no more!

Under the draft it is proposed the provisions contained in it with the fight against COVID-19. This concerns § 2 of the Regulation of the Minister of Family, Labor and Social Policy of 26 March 2020 amending the Regulation on the declaration of disability and the degree of disability (Journal of Laws of 2020, item 534).

In Poland, from May 16, 2022, the state of epidemic threat is in effect and the state of the epidemic has been lifted. This affects many settings, including the scheme that provided the ability to issue a keystroke the state of health of the child or person for whom it would be issued triede about incapacity for work or the degree of incapacity for work, which a doctor – the chairman of the jury was able to prepare without to test. p.the chairman of the bank could recognitionAh sufficient medical documentation attached to the application for the assessment and then rating health mocrazy be released without investigation. So the jury could investigate the case and issue a certificate of disability or a degree of disability without attending the meeting the disputes committee of the person or the child and their legal representative. It won’t be like that anymore.

There are 295 disability assessment teams and 16 voivodship disability assessment teams nationwide. It was these entities that were authorized to assess health status, without examination.

The draft provides for the waiver of the above right for the above entities and stakeholders, hence stationary examinations and health assessment are coming back soon. The justification for the changes shows that: “This regulation was basically aimed at safeguarding the rights of people with disabilities, including: in a situation where it was not possible to assemble the arbitration team on time or to collect the required medical documentation due to difficulties in accessing specialists . Due to the end of the COVID-19 epidemic, the minimal risk of spreading the virus and the return of office workers to stationary work, it is unjustified to maintain § 2 of the amending regulation in force“. In general, therefore, it is about the expiration of 90 days determined by the “pandemic regulations” from the date of cancellation of the epidemic, ie from May 16, 2022.

Transitional provisions

Another arrangement of the draft points to a transitional provision concerning: applications submitted before the date of entry into force of this Regulation.

For business started and incomplete concerning applications to issue:

  1. to judge disability of people who are under 16 years of age,
  2. judge the degree of disability of persons, kwho are older than 16 years,
  3. as well as decisions about indications for benefits and claims of persons with a certificate of invalidity or incapacity for work

submitted before the date of entry into force of the Regulation, the provisions hitherto shall apply. Therefore, if the application for a certificate of invalidity is submitted before the effective date of the changes discussed, the doctor may not yet conduct the examination if he decides that the documentation submitted is sufficient for the assessment of the state of health .

When do the new rules come into effect?

The amendments and the regulation should enter into force 45 days after the publication of the regulation. It will be around the fall.

Legal basis:

Ordinance of the Minister of Family, Labor and Social Policy of 26 March 2020 amending the Ordinance on the Certification of Disability and Degree of Disability (Journal of Laws, item 534)

Draft regulation of 13 May 2022 amending the regulation amending the regulation determining the disability and the degree of disability (No. from the list 77)

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