Disabled due to military trauma
Military trauma in Russian law is considered as a disease or injury received during the execution of military duty. Military service is always associated with an increased risk to health, and pension provision is one of the stimulating factors for the Russian army. Categories of military personnel and employees of law enforcement agencies who have lost their ability to work as a result of or as a result of military trauma are entitled to social support measures provided by the state.
When does military injury lead to disability?
Disability due to military trauma is also established for persons of other categories, through examination by the ITU Bureau (medical and social examination), with the difference that the VVK (military medical commission) also participates in the determination. Two categories of servicemen are recognized as disabled due to military trauma:
- when the injury is received during direct military service;
- when the injury has arisen as a result of circumstances not related to military service, but the person at that moment is on the staff of the Ministry of Defense or law enforcement agencies.
It should be borne in mind that when calculating a pension, all merits to the fatherland are taken into account, respectively, war veterans can count on more state support than disabled people who received their status in peacetime.
Who can count on government support
Persons eligible for state disability support include:
- all conscripts and contract servicemen;
- employees of law enforcement agencies - the Ministry of Internal Affairs, the FSB, the Ministry of Emergency Situations, the GUFSIN, the Railway Troops, the border services, the prosecutor's office;
- participants in the Great Patriotic War, including residents of the Siege of Leningrad;
- servicemen of countries that have relevant agreements with the Russian Federation or the USSR;
- veterans living in the former republics of the USSR, if they have not been assigned a pension on the territory of their residence.
What criteria determine the onset of disability due to military trauma?
Article 19 of the Federal Law No. 4468-1 defines the following conditions:
- damage to health was caused during military service;
- the disability was established within three months after its end;
- as a result of injury, contusion, illness (for example, burn disease), when the cause-and-effect relationship is obvious and beyond doubt - without taking into account the timing.
However, if it is determined that the disability of a soldier is a consequence of a violation of the law committed by him, the commission establishes a social pension.
In cases where the retiree does not agree with the conclusion of the commission, he can apply to the interdepartmental expert council or appeal it in court.
Re-examination
Re-certification of disability is carried out most often when the period specified in the ITU certificate has expired. By the decision of the commission, the disability group can be changed to a lighter or more severe one, or completely canceled. In other cases, if the commission establishes that positive dynamics for the state of health is not expected, and also if the disabled person reaches the all-Russian retirement age, the disability is fixed indefinitely.
In the event that a citizen does not appear at the commission within the specified period, the payment of monetary allowance is suspended until the group is confirmed (if there is a valid reason, all unpaid amounts are transferred in full as a one-time payment).
Assumed payments
Disabled servicemen of the 1st group, as a rule, are people with the most increased needs, therefore, the maximum amount of pension is set for them. They are entitled to receive social and insurance pensions at the same time.
Group II disability is more mobile and is also entitled to two pensions. Although the size of their pay is much lower.
For disabled persons of the III group, recognized as partially able-bodied, it is possible to continue military service until reaching retirement age or until reaching 20 years of service.
For disabled people with military injuries, the amount of fixed payments is determined:
- EDV is a one-time cash payment. Its size is 1,000,000 rubles - for conscripts or citizens called up for military training; and 2,000,000 for contract military personnel. The MU is paid only once, in addition, its amount depends on the nature of the injuries and the period of their receipt.
- EBC - monthly monetary compensation in compensation for harm caused to health.
At the time of the 2nd quarter of 2019, the size of the EBC is:
RUB 14,000 | 1st group |
RUB 7,000 | 2 groups |
2800 RUB | Group 3 |
Compensation for moral damage is a separate item - it is determined in the course of court proceedings in some specific cases.
Also, compensation payments are provided to family members of a serviceman in the event of his death during military service. So, the beneficiaries receive both the EDV in equal shares, and the EDC, which is calculated as for a disabled person of the corresponding group, divided by the number of family members, including the deceased. Not only children of military personnel, but also their parents, as well as widows who have not entered into a second marriage, can count on receiving a pension for the loss of a breadwinner.
How to determine the size of the military in 2019? For military pensioners, the contributions are paid not by the employer, but by the state, and the statement from the personal account in the Pension Fund will most likely be empty. First of all, you should determine the amount of social pension at the time of calculation. According to the MFC, as of April 1, 2019, the approximate amount of pensions can be calculated using the table:
Cause | Group | War Injury Pension | Insurance pension (SP) 2019, rub. | Calculation of the minimum pension, rubles |
War trauma | 300% joint venture | 10 360 | 31080 |
|
250% joint venture | 5180 | 12950 |
||
175% JV | 4403 | 7705,25 |
||
Illness acquired during service | 250% joint venture | 10 360 | 25900 |
|
200% joint venture | 5 180 | 10360 |
||
150% joint venture | 4 403 | 6604,5 |
It should be understood that pension supplements are individual for everyone, and for two servicemen with the same, at first glance, length of service and the nature of the injuries received, the amount of subsidies can differ significantly
Details on surcharges can only be provided by an authorized body.
The general allowances for all are 100% of the social pension upon reaching the age of 80, and depending on the number of dependents, one - 32%, two - 64% and 100%, if three or more. In addition, if a disabled person is awarded the title of Hero of the Russian Federation, Hero of the USSR, awarded the Order of Glory, he is entitled to a 100% pension bonus, and 50% if he is awarded the title of Hero of Labor of the Russian Federation or the USSR. However, if a disabled person has the right to several allowances, the largest one is selected and only for it is calculated.
In addition to the military pension, a retiree can also receive a second, "civil" pension, if he has an insurance record of at least 9 years, during which the employer transferred contributions to the Pension Fund for him. More often disabled persons of the 3rd group have this right. In 2019, in order to receive a second pension in accordance with the pension reform, the presence of at least 13.5 pension points should also be taken into account, however, the expected increase in the retirement age may increase both the number of points and the number of years of insurance experience required for assigning a retirement pension. For comparison, in the United States, a disabled officer is entitled to only one pension - at the expense of the Department of Defense or the Council of Veterans.
The amount of established payments is indexed for inflation. Pension increases usually occur in the third quarter of each year. In rare cases, the pension is not indexed - then the disabled person can independently apply to the relevant authorities at the place of residence - to the social policy bodies if a social pension is being considered, and to the military commissariat if the insurance one. You can also submit an application through the MFC or the State Services portal.
Privileges
Social support for military disabled people is not limited to cash payments. It includes a number of individual benefits. These include spa treatment, all types of rehabilitation, compensation for utilities and transport, material support (walkers, wheelchairs, orthoses, prostheses, hygiene products), preferential dentistry, social work, and most importantly - providing housing for disabled people with military trauma. and their families.
Living space is allocated to a disabled person if he is recognized as needing one. Real estate registered before January 1, 2005 is allocated from the budget. Anyone who registers later is allocated a subsidy for the purchase of real estate, based on the number of family members of the soldier. However, if the allocated funds for the purchase are not enough, the disabled person will have to find the remaining amount himself.
If cash security has a higher priority for the pensioner than the listed benefits, he has the right to refuse them and receive compensation in cash. To do this, you must submit an application to the Pension Fund at your place of residence.