Algorithm of actions for confirmation of disability in Poland

In December 2023, according to the ZUS, 759,000 people with Ukrainian citizenship paid contributions in Poland. Most of them are women and children. Half are people of working age. Among others, there are people with disabilities who arrived in the country as a result of the war. Many of them do not receive benefits and contributions from the Polish state, because they simply do not know where to go, what documents need to be collected.

In this article, you will learn a step-by-step algorithm for confirming a disability in Poland.

It is important to know that Ukrainians with disabilities are entitled to almost the same assistance as Polish citizens. This includes free or reduced-price treatment, rehabilitation, and other services that are necessary for people with special needs.

However, in order to legally use this status, it must first be established. In Poland, there is no automatic recognition of disability. You need to go through an official confirmation process.

In the law of March 12, 2022, on assistance to Ukrainian citizens in connection with the armed conflict, Poland introduced a special solution. It allows the creation of programs for people who have entered its territory legally and declare their intention to stay in the country. This gives them the right to the same medical care and to the same extent as Polish citizens, with the exception of

- sanatorium treatment and rehabilitation;

- prescribing medicines within the framework of the healthcare policy programs of the Minister responsible for healthcare.

This does not constitute mutual recognition of documents confirming disability or its degree in terms of law. However, thanks to this regulation, people with special needs can be included in the programs of the State Fund for Rehabilitation of Persons.

Who is responsible for confirming disability? To grant the status of a person with a disability in Poland, there are special Disability Assessment Commissions (Zespołu do spraw orzekania o niepełnosprawności). They are of two levels: county and voivodeship. The initial application is always made to the poviat commissions. Voivodeship commissions exist only for appealing against decisions of district authorities. Disability commissions consist of at least two people, one of whom (the chairman) must be a doctor. The other may be an educator, psychologist, social worker, career counselor, or other doctor. The maximum number of commission members is not regulated.

In Poland, disability is divided into two categories: 1) for children under the age of 16; 2) for people over the age of 16.

1. Before reaching the age of 16

The status of a person with a disability is granted for a certain period of time, but not later than the specified age. Documents for confirming a child's disability in Poland can be submitted by the child's father, mother or legal guardian (a person entrusted with custody of the child by a court).

To obtain disability status, all three of the following conditions must be met:

- physical and/or mental health disorders;

- expectation that the existing violations will last at least 12 months;

- requires care and assistance in meeting basic living needs that exceed the level of care and support required by children of the same age without relevant disabilities.

There are no other gradations/classifications for persons with disabilities under the age of 16. Everyone has the same rights and opportunities. To get them, gather your documents. Be prepared to have both copies and originals with you at the time of submission. You need:

- an application for a disability certificate (this can be obtained from a county or municipal disability assessment team. There is no strict form, each institution has its own template);

- medical documentation of the child confirming the state of health translated by a sworn translator;

- a medical certificate on the child's health status (a sample can be obtained from the district or municipal council for people with disabilities). It must be filled out by the attending physician. The certificate is valid for 30 days from the date of its issuance;

- other documents that may affect the determination of disability, such as the opinion of a psychological and pedagogical counseling center, a classroom teacher's characterization, etc.

The commission will examine all the submitted documentation and may request some additional papers in the process, and you will be notified in writing.

If the documents provided contain contradictory information, the commission may refer the child to a specialist for examination (free of charge) or ask you to provide the results of additional tests (at your expense).

You will be additionally informed of the date of the commission meeting 7 calendar days in advance (please note that attendance is mandatory). You will receive a letter with this information within a month. If your case is considered complex and more time is needed to study it, the process may take up to 2 months. You will be notified in writing with an explanation of the reason.

If the decision is made in your favor, the child receives a disability certificate called Orzeczenie o niepełnosprawności. This document confirms the status of a person with a disability in Poland for those under 16 years of age. That is, in cases where, among other things, the degree of disability is not determined.

2. For persons aged 16 and over

In this category, the process of confirming disability can take up to 4 months. Follow the following action plan and gather a package of documents:

- register in the Polish healthcare system. Start by signing a declaration with your family doctor. He or she will give a referral to a specialized doctor. For example, if a person with hearing impairment has a disability of the 3rd group in Ukraine, the family doctor will refer to an otolaryngologist for examination);

- before visiting a specialized doctor, visit the local disability determination department and get the relevant application forms. You can fill out some applications at home, but, for example, a medical certificate of health is filled out by a specialized doctor (you can get the form for it directly from the local disability determination office);

- Next, with the collected medical documents confirming the disability, you need to make an appointment with a specialized doctor for an examination. These documents must be translated into Polish by a sworn translator;

- With the results of the examination and the completed medical certificate, you submit an application for disability certification to the local disability determination office. The application must be accompanied by translated medical documents, a copy of your passport and PESEL.

An approximate list of required application forms is provided in the appendices to this article. However, each individual case and each voivodeship has its own requirements and rules, so it is better to visit the local disability office at your place of residence and ask for a list of required documentation and sample applications to fill out.

What is included in the standard package of documents you will receive:

Certificate of disability (Orzeczenie o stopniu niepełnosprawności). This is a document confirming the status of disability for those over 16 years of age. As the name implies, the recognition of the status is carried out together with the determination of the degree of disability. You do not have to first establish the fact of disability, and only then determine its level, but a decision is made immediately to grant the Orzeczenie o stopniu niepełnosprawności.

Certificate of benefits and assistance (Orzeczenie o wskazaniach do ulg i uprawnień). This is a document that provides various benefits to people with disabilities aged 16 and older. It is issued on the basis of a previously made decision on the degree of disability. Without it, you should not count on any assistance. Obtaining an Orzeczenie o wskazaniach do ulg i uprawnień is the next step after obtaining a Certificate of Disability.

Identification card of a person with a disability (Legitymacja osoby niepełnosprawnej). This is a certificate of a person with a disability (plastic ID card), which confirms the existence of rights to additional benefits corresponding to the status. The Legitymacja osoby niepełnosprawnej is issued on the basis of one of the above documents or a court decision on granting the status of a person with a disability. In other words, the status must first be determined, and then, you can get a card of a person with a disability. It is used in everyday life for presentation when necessary.

Why do I need a disability status (inability to work)? The ultimate goal of obtaining the status of a person with a disability is to confirm the rights, benefits and other assistance provided for by Polish law. The main ones are:

- vocational rehabilitation;

- special employment with certain privileges. For example, the right to additional vacation, longer breaks during the working day, and shorter working hours;

- the possibility of supporting economic or agricultural activities;

- social rehabilitation (the possibility of participating in occupational therapy conducted in specialized workshops or the possibility of rehabilitation in special institutions);

- co-financing for the purchase of orthopedic equipment, auxiliary technical means to alleviate the condition, etc;

- tax benefits, discounts on communications, exemption from radio and television fees;

- medical, therapeutic and rehabilitation services provided by social security institutions;

- parking privileges (if you have a parking card, you are entitled to special parking for your vehicles);

- the right to a disability allowance for your loved ones and other family benefits and disability pensions;

Which is also important to know:

1. If you do not have insurance, you will have to pay for all visits to doctors. It is recommended that if a person is not working and does not have a TRS status, he/she should register as unemployed at the local employment center. In this case, the person automatically becomes insured;

2. Sworn translation of documents is not cheap. One page of text consisting of 1125 characters (the characters are counted by a program installed by sworn translators from the Ministry of Justice of Poland) will cost you approximately 80-100 PLN. As an example, you submit a translation of a supposedly 1-page text in Ukrainian, but the cost is 3-4 pages (according to the counted characters). For the translation of medical documents, specialists charge an additional 30% to the principal amount, and some even more, because medical terminology needs to be translated (the correctness of the diagnosis, etc., depends on the correct translation).

If you have any questions, you can sign up for a free consultation here. Address where you can get advice: 66 Piotrkowska Street, Łódź, Poland.