When the status of limitation of capability is established without re-examination
Under the general rule, the status of limitation of capability is re-examined periodically: in the presence of unstable, reversible morphological changes and functional disorders of the systems and organs of the body, for the purpose of observing the course of the disease and the effectiveness of the rehabilitation measures carried out, a re-examination is conducted once a year in the case of a moderately or significantly expressed limitation of functional capacity, and once every two years in the case of a sharply expressed limitation.
The law, however, also determines cases in which this periodicity is expressly abandoned and the status is established for a person without re-examination, permanently. This exception is logically connected with the very criterion by which periodic re-examination is determined: if the changes are unstable and reversible, observation is needed, whereas if the impairments are stable and irreversible and rehabilitation yields no effect, the person is no longer obliged to undergo repeated examination. Below we discuss every ground on which the status is established permanently.
The grounds for a permanent status — an overview
For ease of orientation, the law names together all the grounds on which a status is established without re-examination:
- stable, irreversible morphological changes and functional disorders, ineffective rehabilitation, and observation of not less than 5 years;
- a trauma or disease received in the performance of military duty, or an accident at nuclear facilities — for a man over 55 years of age, for a woman over 50 years of age;
- radiation disease of any degree suffered as a result of the Chernobyl or other nuclear accidents — regardless of age;
- pension age, except for a favorable clinical prognosis and the prospect of rehabilitation;
- diseases, anatomical or mental defects provided for by the list approved by the ministry.
Observation of not less than 5 years and ineffective rehabilitation
A permanent status is established for a person with limited capabilities who, due to a health disorder, presents stable, irreversible morphological changes of the systems and organs of the body and functional disorders, when the rehabilitation measures carried out produce no effect and the impaired functional capacity is not restored or improved after observation of not less than 5 years in the establishment. The essence of this norm is that this period of observation is practically sufficient to confirm whether restoration is possible: if it does not occur, the person should not be burdened with repeated re-examination.
Age criteria: 55 and 50 years
A separate rule applies to persons whose limited capability is caused by a trauma or disease received in the performance of military duty, or by an accident at nuclear facilities of military or civilian designation: in such a case the status is established without re-examination for a man over 55 years of age and for a woman over 50 years of age. The age threshold here differs according to sex, so before applying, determine correctly which criterion applies to you.
For a person with limited capability caused by the accident at the Chernobyl atomic power station or at other nuclear facilities of military or civilian designation, who has suffered radiation disease of any degree, the status is established permanently regardless of age. In this case no age threshold is applied at all: what matters is only the fact of the radiation disease and its connection with the accidents indicated.
Pension age and the exception
For a person who has passed pension age, the status of limitation of capability is likewise established without re-examination. The law provides one exception to this rule: where a favorable clinical prognosis is noted, where unstable, reversible morphological changes and functional disorders of the systems and organs of the body are present, and where a positive effect may be achieved through rehabilitation measures, a permanent status is not established. In such a case re-examination continues, because according to the medical prognosis the person's condition may improve.
Cases provided for by the list approved by the ministry
A separate ground is the case of a person whose status of limitation of capability is established by diseases, anatomical or mental defects provided for in the list approved by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia — in that case, too, the status is established permanently, without re-examination. Bear in mind: the law itself does not specify which diseases and defects are included in the list. The list is approved by that ministry, and it is precisely its normative act that is the source to check whether your diagnosis falls under this exception.
Can a person with a permanent status nevertheless be re-examined
A permanent status does not mean full immunity from re-examination. Under the law, the re-examination of a person whose status of limitation of capability has been established permanently takes place when the state of health and functional capacity change, or when a justified doubt of the controlling body exists, or where a conclusion on the status of limitation of capability issued without foundation has been revealed. The same conditions apply to re-examination before the set term: a person with limited capabilities is re-examined early when the state of health and functional capacity change, when a justified doubt exists or an unfounded conclusion is revealed. Thus, refusal on the basis of a permanent status is possible only in the situations named by the law. This means that despite the permanent status, a real change in the condition of the person or the groundlessness of a conclusion always becomes a basis for renewed consideration.