New procedure for disability determination: how does it work

Starting from January 1, 2025, Ukraine has fully implemented a new system for assessing an individual’s functional capacity (FCEAT), replacing the outdated model of the Medical and Social Expert Commissions (MSEC). Instead of assigning a "disability group", the system now focuses on evaluating a person’s everyday functional abilities. The procedure has become more transparent, user-friendly, and oriented around the needs of the individual. 

Conditions for obtaining a referral 

The first step is a visit to a physician, who reviews the medical indications and, if necessary, issues a referral for functional capacity assessment (FCA). A referral may be issued based on the following criteria: 

• Continuous incapacity for work for more than 4 months. 
• Interrupted incapacity totalling over 5 months. 
• Tuberculosis lasting more than 10 months. 
• Personal request from the individual, regardless of time frames. 
• Presence of chronic conditions or consequences of critical medical interventions (e.g. amputation, blindness, mental disorders, organ transplants, limb loss, etc.). 

In these cases, no waiting period is required — the referral may be issued immediately after the consultation. 

What documents should be prepared 

The individual must gather and upload to the system (or submit to an administrator): 

• Personal documents (passport, tax ID, military record). 
• Medical documentation (referral, test results, discharge summaries, individual rehabilitation plan [IRP], MSEC certificates). 
• Contact details (email, or postal address if preferred). 
• Optional statements, such as: request to record the assessment, request to involve a physician or legal representative. 

The administrator verifies the completeness and accuracy of all materials within five working days, after which the case is added to the electronic queue for assessment. 

Important: Pension is calculated starting from the date the referral is added to the queue — not from the date of the decision. 

When a pension is reinstated, payments are calculated from the date of termination, but for no more than the last three years and according to the previous group (provided that no more than five years have passed since its termination).

Format and composition of the assessment team 

The individual chooses the preferred format of the assessment: 

• In-person — at a designated medical facility. 
• Remote (document-based) — based on submitted documentation. 
• Telemedicine — via video consultation. 
• Home visit — at the person’s place of residence. 

Assessments are conducted by FCEATs — Functional Capacity Evaluation Assessment Teams. There are nine team profiles depending on the nature of the condition, with two teams per profile. Team members do not know in advance whose case they will review, and the individual only sees the team composition on the day of assessment. 

Assessment procedure 

At the scheduled time, the team reviews the case in the chosen format. A decision is made by majority vote, with the Head of team holding the casting vote in case of a tie. 

The process may be paused in the following situations: 

• Air raids or active hostilities. 
• Absence of the individual. 
• Discovery of a conflict of interest. 
• Need for archived documents or additional medical tests. 

If the individual fails to appear twice in a row, the referral is returned to the physician. 

Additional Examinations — Once and all at once 

If needed, the individual is sent for a single round of comprehensive examinations by all relevant specialists. A second round is only possible if new diagnoses are identified. No second visit is required — all results are automatically submitted to the assessment team. 

Decision, IRP, Appeals 

The FCEAT decision may include: 

• Confirmation of disability 
• Recommendations for assistive or rehabilitation equipment 
• An Individual Rehabilitation Plan (IRP) covering medical, educational, occupational, and social support 

For in-person or home visit formats, the decision and IRP are presented in person, for signature. 

You may appeal the decision in the following ways: 

• Administrative appeal — through the Functional Capacity Evaluation Center under the Ministry of Health (within 40 days). 
• Judicial appeal — by filing a lawsuit (within 6 months of the decision). 

Timeframes and special cases 

Disability determination now has clear deadlines:  

1 year - for the first time for group 3; 

2 years - for the first time for group 2; 

1-3 years - for reassessment; 

5 years - oncology with a poor prognosis, severe chronic diseases. 

Indefinitely - in case of anatomical impairments, irreversible conditions or if group 1 has been established for 5 years in a row. 

This new system aims to create a more effective process for determining disability in Ukraine. 

For more information, schedule a free consultation with a lawyer.