During the period of martial law on the territory of Ukraine, the procedure for conducting a medical and social examination has been greatly simplified. Now the medical and social expert commission (hereinafter referred to as the MSEK) performs its functions according to the principle of extraterritoriality.
That is, if a person applies for the establishment of disability and cannot come for an examination, the MSEK can make such a decision in absentia on the basis of the referral of the medical advisory commission of the health care institution.
However, some social security agencies require re-commissioning, because the CMU resolution No. 390 states that the term of disability is extended for the period of martial law. The Ministry of Health explains why.
The re-examination, the term of which coincided with the period of martial law in Ukraine, must be carried out within six months after the termination or cancellation of martial law, provided that it is impossible to refer (clause 3 of the Resolution of the CMU dated 30.03.2022 No.390).
In the event that a person with a disability underwent a medical and social examination and received a decision to change or not establish a disability or the percentage of incapacity for work, the MSEK and the medical and advisory commission (MCC) must inform the social protection bodies of the population on the ground — the Pension Fund of Ukraine and the Fund of Social insurance of Ukraine — about making such a decision.
If the above-mentioned bodies do not have information about the adoption of a decision by the MSEK/LCK regarding the change or refusal to extend disability, the percentage of the loss of working capacity for adults and children, then it should be assumed that the disability has been extended until the last day of the sixth month after the termination or cancellation of the period of martial law , unless a re-examination is carried out earlier.
