Determination of disability under the new rules effective November 2026
Published:
Since the beginning of 2025, disability determination in Ukraine has been carried out through the Assessment of Daily Functioning, conducted by Expert Teams for Assessment of Daily Functioning instead of the former Medical and Social Expert Commissions (MSEC). In November 2026, the rules governing this procedure changed again. Resolution No. 1359 of the Cabinet of Ministers of Ukraine, dated 28 October 2026, amended Resolution No. 1338, which regulates this procedure. In this article, we explain the main changes in more detail.
Disability status without a reassessment deadline: when reassessment is not required
For people being assigned Group I disability for the first time, the possible periods for which disability may be established are now specified separately:
- from one to five years; or
- without a reassessment deadline (depending on their health condition).
Under the legislative amendments, there are now grounds for granting disability status without a reassessment deadline following reassessment. This applies, in particular, to people with irreversible health impairments that cannot be remedied through treatment or rehabilitation, or where such measures would not produce results. The updated list of diseases and injuries for which disability is established without a reassessment deadline now contains 97 entries with specified criteria. This option is also available to people who have reached retirement age under preferential conditions in accordance with Article 114 of the Law of Ukraine “On Compulsory State Pension Insurance”.
Important: Having a particular diagnosis does not automatically mean that a specific disability group will be assigned. The Expert Team assesses not only the medical condition but also how it affects the person's everyday functioning.
Extension of disability status if reassessment (re-examination) is delayed
One of the most important changes concerns people undergoing reassessment. Previously, the period for which disability had been established could expire before the Expert Team had time to conduct the assessment and issue a new decision. As a result, a person risked temporarily losing their officially recognised disability status and the associated rights and payments.
The new rules are intended to reduce such situations. If reassessment takes place after the previous disability period has expired and, as a result, the person's disability group is changed or their disability is not confirmed at all, the previous status will be considered valid until the date on which the new decision is made.
This means there will be no period between the expiry of the previous disability status and the new decision during which the person would formally be without disability status.
Assessment in absentia and assessment at the person's location
The updated rules expand the list of circumstances in which an assessment may be conducted in absentia. These now include, in particular, certain types of amputations, congenital absence of limbs and severe intellectual developmental impairments. The possibilities for conducting assessments at a person's location or place of treatment have also been expanded.
This is particularly important for people who find it difficult to attend the healthcare facility where the Expert Team works because of their health condition or security circumstances. The relevant assessment format is provided for, in particular, for people staying in areas affected by hostilities or in temporarily occupied territories, where the established indications for such an assessment are met. The possibility of using telemedicine tools has also been clarified.
However, this does not mean that anyone can automatically choose to replace an in-person assessment with a remote one. The assessment format is determined taking into account the grounds established by the Procedure, the person's condition and their medical documentation.
Who may be present during the assessment
The amendments also concern the assessment procedure itself. The rules now explicitly provide for the possibility of the following people being present during an assessment:
- a sign language interpreter;
- one accompanying person.
This is particularly important for people with hearing, communication or mobility impairments, or those who require support during the procedure because of their health condition.
How to appeal an expert team's decision
The right to appeal an Expert Team's decision to the Centre for the Assessment of a Person's Functional Status remains in place. The complainant must specify the format in which they wish the appeal to be considered (in person, in absentia or using telemedicine).
The period during which a person may request the correction of typographical, technical or arithmetic errors in an Extract from the Decision of the Expert Team for Assessment of Daily Functioning has also been extended. Such a request can now be submitted within one year of receiving the extract, whereas previously the deadline was 40 calendar days.
If you have questions about an Expert Team's decision or disagree with it, lawyers on the platform provide free legal consultations on disability group determination following the abolition of MSEC and explain which documents and applications are required.
If the disability is war-related (for example, injuries caused by shelling), contact the lawyers under Status of a Person with a Disability as a Result of War (for Civilians).
