Kontakt 2010, 12(1):39-46 | DOI: 10.32725/kont.2010.005

Consideration of disability since January 2010Health and Social Sciences

Libuše Čeledová^*, Alena Zvoníková

Ministerstvo práce a sociálních věcí ČR, odbor posudkové služby

The article acquaints the reader with the delimitation of three degrees of disability effective since January 2010 based on the amended law on retirement insurance and new legal arrangement of the consideration of the health condition and degree of the decrease in the ability to work and disability, which was arranged as a result of a cooperation between the Ministry of Labour and Social Affairs and J. E. Purkyně Czech Medical Society in 2007-2009. The article shows that the basic and starting cause of disability is always a health involvement, which must exert the nature of a long-term adverse health condition. The long-term adverse health condition should take more than one year; it can also take a number of years or it may be permanent. Definitions of new basic concepts are also presented, related to the consideration of disability such as stabilized health condition and adaptation to the health involvement, but also concepts of reduced ability to work, long-term adverse health condition or physical, occupational, qualification and rehabilitation potential.
The authors point out the fact that the second-opinion medical service of the social security will not perform overall controls of the health condition and disability after January 1, 2010 and that the second-opinion physician is not legally due to consider the client in his/her personal presence. Thus, it is possible to believe that most clients will not be personally present during the re-examination of their health condition and ability to work. However, if the full disability pension was granted before January 1, 2010 and a degree of disability was found in the first control medical examination performed after 2009, which would result in a reduction in the amount of the disability pension, then the amount of the disability pension will only be reduced from the 13th payment of the pension payable after the day of this control examination. If a partial disability pension was granted before January 1, 2010, and a degree of disability is found during a control medical examination after 2009, which would result in a reduction in the amount of the disability pension, then the still existing disability pension belongs to the client.
The authors conclusively emphasize the fact that the new concept of the consideration of disability is in agreement with opinions of the expert medical public and advances of medical science with accenting functional capabilities, activities and participations.

Keywords: second-opinion medical service; law on retirement insurance; disability; regulation on consideration of disability

Published: March 31, 2010  Show citation