Establishing disability and degree of disability in Poland

Prepared by the Rule of Law Institute Foundation at the request of the Danish Refugee Council

October 2, 2023

Disability and decisions on disability and the degree of disability

According to the Act of August 27, 1997 on vocational and social rehabilitation and employment of disabled persons, “disability” means “permanent or recurrent inability to perform social roles due to a permanent or prolonged impairment of the body's capacity, in particular leading to inability to work”. Disability in Poland refers to a situation in which a person has difficulties in performing daily activities or participating in social life due to various types of health limitations, both physical and mental. However, a decision (certificate) is an official document issued by competent institutions or authorities to confirm or evaluate certain issues or conditions. The decision on disability and the decision on the degree of disability are two different assessments issued by the relevant institutions. The first is to confirm the disability of a given person, the second is to determine the degree of this disability (health limitations).

A decision on disability is issued to persons under the age of 16 if they have physical or mental disabilities that persist for a long period of time (expected duration - more than 12 months), caused by congenital defects, chronic diseases or injuries. These individuals require full care or assistance in performing basic activities of daily living that go beyond the support typical for their age. The decision on disability is issued indefinitely, but no longer than until the child reaches the age of 16.

Persons who have reached the age of 16 are issued a decision on the degree of disability. It indicates the degree of disability: severe, moderate or mild.

- A person with a severe disability is a person whose bodily functions are significantly limited, which does not allow them to work or allows them to work only in special, protected conditions. In addition, this person needs constant or long-term care and support from other people to fulfill social roles due to the inability to function independently.

- A person with moderate disability is a person whose bodily functions are moderately limited, which can lead to inability to work or the ability to work only in protected conditions. In addition, a person may need temporary or partial assistance from outsiders to perform social roles.

- A mild disability refers to a person whose bodily functions are impaired and affect their ability to perform work compared to a person with similar professional qualifications and full physical and mental capacity. In addition, such a person may have limitations in performing social roles, which can be compensated for by equipping them with orthopedic devices, auxiliary or technical means.

Decisions on the degree of disability are issued for a limited or unlimited period, depending on whether, according to medical evidence, there is a likelihood of improvement of the health condition. The degree of disability is important in terms of providing various forms of support, social benefits, medical care and special education to people with disabilities in Poland.

Thus, the decision on disability or the degree of disability is an official confirmation that a person is a person with a disability (in the case of children) and additionally indicates the degree of disability (for persons over 16 years of age). With this decision, you can apply for various types of assistance, payments and benefits.

 Certificate of disability or disability group issued in Ukraine

Certificates of disability (disability group) issued in Ukraine are not recognized in Poland. According to Polish law, such documents do not confirm the status of a person with a disability in Poland. Of course, there are some programs that also take into account certificates of disability (disability group) issued in Ukraine. For example, in accordance with the Resolution of the Council of Ministers of June 24, 2022 amending the Resolution on the maximum amount of financial assistance for providing Ukrainian citizens with housing and food, the conditions for providing this assistance and extending the period of its payment, the commune may extend the payment of financial assistance for a period exceeding 120 days if a Ukrainian citizen is provided with housing and food, and if he/she meets one of the following criteria, among others: has a document confirming the 1st or 2nd group of disability issued in accordance with the Ukrainian.

However, in order to exercise the rights arising from the certificate of disability (degree of disability), a Ukrainian citizen must obtain a decision (certificate) on disability in accordance with the procedures applicable in Poland. As of today, certificates (decisions) for Ukrainian citizens are issued under the same rules as for Polish citizens.

If a citizen of Ukraine wants to obtain a disability decision (disability degree) in Poland, he/she must go through the procedure described below, which also applies to citizens of the Republic of Poland. In addition, a PESEL number is required for the procedure of obtaining the decision.

Procedure for obtaining a decision on disability or degree of disability

The decision is issued on the basis of the application. A duly completed and signed application is sent to the city or county disability commission at the place of residence. The addresses of the county disability commission can be checked at https://www.gov.pl/attachment/42d7338c-547a-48d3-a96c-b0a069427f8b Anyone can apply for a decision (certificate):

- A person with a disability, if they have reached the age of 18;

- legal representative of a person with a disability, for example, one of the parents, guardian or trustee (if the person with a disability is under 18 years of age or is incapacitated);

- a social assistance center (authorized person), but with the consent of the person with a disability or his/her legal representative.

A sample application form can be obtained from a poviat or municipal disability commission or downloaded from the website of the relevant department (see, for example, the website of the Municipal Disability Commission in Warsaw https://wcpr.pl/nasze-uslugi/osoby-niepelnosprawne/orzekanie-o-niepelnosprawnosci#PLIKI). The following documents (annexes) will need to be attached to the completed application for a decision on disability or the degree of disability:

1. Medical records - for example, discharges from hospitalization, test results, conclusions of specialized doctors, surgery protocols, conclusions from consultations, treatment plans, etc.

2. Medical certificate of health - the form can be obtained from the municipal or county disability commission or downloaded from a website (e.g. the website of the Municipal Disability Commission in Warsaw https://wcpr.pl/nasze-uslugi/osoby-niepelnosprawne/orzekanie-o-niepelnosprawnosci#PLIKI). This certificate should be brought to the doctor where you are being treated and asked to fill it out. The certificate is valid for 30 calendar days from the date of its completion by the doctor, so you should take care to submit the documents while they are still valid. The certificate for a disability application contains only a description of the disease, while the certificate for a disability determination application, in addition to a description of the health condition, also contains a diagnosis of the main disease and concomitant diseases, confirmed by the latest diagnostic results.

3.     An identity document (for foreigners, an additional certificate of PESEL number assignment).

4.   In the case of a minor, the application should be accompanied by school documentation, such as the conclusions of a school teacher or documents related to educational needs.

5.   Other important documents that may affect the establishment of the fact of disability or the degree of disability.

Medical records and identity documents must be attached as copies along with the originals for review (the originals are returned after the copies are certified as being in compliance). In addition, medical records whose content is in a foreign language require translation into Polish by a sworn translator. It is also worth considering that in the absence of medical documentation (e.g. in case of loss of documents due to the war in Ukraine), it will be necessary to conduct a comprehensive examination to establish the existence and cause of disability, especially in case of diseases and problems invisible to a person not involved in the diagnostic process.

If the documentation attached to the application is insufficient and the applicant has not met the deadline for supplementing it, the application will be left without consideration. In the event of contradictory information in the documents provided, you may be referred to a specialized examination by the voivodeship disability commission.

After submitting the application, you should wait for a letter informing you of the date of the commission's meeting. During the meeting, an examination will be conducted to assess the health of the person concerned. Participation in the meeting is mandatory and you must appear at the specified place on the specified date. Only in exceptional situations, such as illness or accident (which must be duly documented), can a rescheduling be requested. In the case of a long-term and duly documented illness, it is possible that the meeting of the commission may also take place without the applicant, or, if necessary, the meeting may be held at the person's place of residence. In any case, as part of the meeting, the decision-making commission must examine the person to determine the scope of the restrictions, the presence of a disability and, possibly, the degree of disability. Only after this procedure is completed can a decision be made.

Contents of the decision on disability or degree of disability

The decision contains, in particular

- identification of the authority that issued the decision,

- date of issuance of the decision,

- date of submission of the application,

- legal grounds for issuing the decision,

- name and surname of the relevant person in respect of whom the decision was issued,

- PESEL number,

- number of the identity document in respect of which the decision was issued,

- establishment or refusal to establish disability or establishment or refusal to establish the degree of disability,

- symbol or symbols of the cause of the disability,

- date or period when the disability occurred,

- the period for which the disability is assigned,

- indications determined by the expert commission,

- reasons,

- instructions on the right to appeal,

- signature with the name of the chairman of the disability commission and other members of the commission.

A very important point in the decision is the date of onset of disability, as it determines the receipt of care assistance. (zasiłku pielęgnacyjnego).

Sometimes it can be difficult to determine the exact date of onset of disability, or the disability occurred before the age of 16, but the application for disability was not filed for many years. In such situations, it is important to provide medical documentation proving that the disability existed before the age of 16, so that the actual date of onset can be determined.

Pursuant to the Law of August 27, 1997 on Vocational and Social Rehabilitation and Employment of Persons with Disabilities, the issued decision, in addition to establishing the disability or the degree of disability, shall contain up to three designations of the cause of the disability and indications concerning

1) appropriate employment adapted to the psychophysical capabilities of the person concerned,

2) training, including specialized training,

3) employment in a professional institution,

4) participation in occupational therapy,

5) the need to provide orthopedic devices, auxiliary and technical support devices to improve the person's daily functioning,

6) the use of a public support system to ensure independent living, including social, social and domestic, medical and rehabilitation services provided by various social assistance institutions, public organizations and other institutions,

7) the need for constant or long-term third-party care or assistance from another person due to a significant limitation of the ability to function independently;

8) the need for constant or long-term cooperation of the child's guardian in the process of treatment, rehabilitation and upbringing,

9) the disabled person fulfills the prerequisites for the issuance of a parking ticket.

It is worth noting that the grounds for receiving care assistance are the indicators specified in paragraphs 7 and 8 (if they indicate that the person needs them).

Fee for obtaining a decision on disability or degree of disability

There is no fee for applying for a decision on disability or the degree of disability.

Timeframe for issuing a decision on disability or degree of disability

Written information with the date of the scheduled meeting must be sent within one month from the date of submission of the application with attachments, or within two months if the case is complex and requires additional time for consideration by the disability commission. In such a situation, the authority will notify you in advance of the extension and explain the reasons for such a decision.

The decision (certificate) on disability or the degree of disability must be issued within 14 calendar days after the commission meeting. The decision can be received by mail to the address specified in the application or in person at the location of the issuing authority. The period for consideration of the case and issuance of a decision may be extended in the absence of complete documentation or due to the need to change the date of the meeting.

Appealing (odwołanie) against a decision on disability or the degree of disability

Appealing against a decision on disability or disability degree is a process in which the person applying for the decision - if he/she disagrees with the decision in whole or in part - submits a written appeal to have the case reviewed.

If the person disagrees with the decision on disability or the degree of disability (e.g. a negative decision was issued or the decision was issued for too short a period), he/she has the right to appeal to the voivodeship disability commission. This must be done through the district/municipal authority that issued the decision, which will forward the appeal to the voivodeship authority. The deadline for filing an appeal is 14 calendar days from the date of receipt of the decision. The voivodeship commission may summon the appellant to another medical commission and may also refer him/her to an additional examination by a specialist doctor. After that, it decides whether it agrees with the previous decision of the municipal/poviat commission or reverses it. The appellant is then notified of the issuance of a new decision.

If the person is not satisfied with the decision of the voivodeship authority, he/she may appeal to the Labor and Social Security Court. To do so, an appeal must be filed through the voivodeship authority that issued the decision. The deadline for filing an appeal is 30 days from the date of receipt of the decision.

The most important information on the possibility of appealing the decision of the disability commission (deadlines, authorities) should be indicated in the instructions at the end of the decision.

Rights arising from the decision on disability or degree of disability

The decision on disability or the degree of disability is an official document on the basis of which a person can apply for various benefits, allowances and payments. Depending on the decision (certificate of disability or degree of disability) and, accordingly, on the degree of disability, the rights that are due will also differ. The most common rights include, among others:

• the right to a nursing allowance (zasiłek pielęgnacyjny), a nursing payment (świadczenie pielęgnacyjne), a guardianship allowance (świadczenie opiekuńcze), a housing allowance (dodatek mieszkaniowy), a parking card (karta parkingowa), and others,
• benefits:
• tax
• public transportation benefits,
• cultural and sporting events,
• medical
• rehabilitation,
• assistance in finding a job in a vocational institution or in a so-called protected workplace (i.e., an institution that employs people with disabilities),
• employee privileges, including the right to additional annual leave, longer breaks or shorter working hours,
• employment assistance - the employer has additional privileges in the situation of employment of a person with a disability (depending on the degree of disability),
• support from PFRON funds - co-financing of rehabilitation stays, rehabilitation equipment, orthopedic devices, auxiliary goods and technical assistance that facilitate the life of the person in question.

It is worth noting that specific rights may differ depending on the place of residence of the person with a disability, as well as the degree and type of disability. Persons with disabilities or their guardians should contact local authorities, organizations and institutions that can provide additional information on this issue. Obtaining a disability decision (certificate) does not guarantee automatic granting of benefits, allowances and payments. The provision of specific benefits and allowances often requires additional steps: for example, submitting an application and obtaining a relevant certificate or other document. More detailed information about rights based on a disability decision or the degree of disability can be obtained from a social assistance center, family assistance center, employment center, municipal or county office, tax office, etc.

Identity card of a person with a disability

After receiving a decision on the disability or degree of disability, it is possible to obtain a disability identification card, an official document confirming that the person has a disability. This identification card may entitle you to various discounts, benefits or rights that are available to people with disabilities, such as reduced or free public transportation. However, persons who do not have an ID card can use a decision (certificate) on disability or the degree of disability as a document confirming their situation and the right to certain benefits and advantages (in combination with an identity document).

In order to obtain a certificate, one must submit an application to a county or city commission for determining disability. The application must be submitted after receiving a legally valid and final decision on disability or the degree of disability. The application must be accompanied by a copy and original (for review) of the final decision on disability, a copy and original (for review) of the applicant's identity document, and a 3.5 x 4.5 cm photograph. In the case of a foreigner, a copy and original (for inspection) of the PESEL number certificate must be submitted. If the application is submitted by a legal representative, additional documents may be required.

A certificate of a person with a disability is issued for the period of validity of the decision (certificate), but not longer than 5 years for children and adolescents under the age of 16, or 10 years if the certificate certifies the degree of disability and its holder has not reached the age of 60. Persons who have reached the age of 60 may be issued a certificate for the duration of the decision, without limiting its validity to 10 years, or indefinitely. The process of obtaining a certificate is free of charge, but if you need to obtain a duplicate certificate, you will have to pay a fee of PLN 15.