The problem with disability rulings. More and more complaints to the RPO

• Complainants point out that for this reason, among others, they may lose their right to disability benefits 
• Deputy ROP Stanislaw Trociuk asks the government's Plenipotentiary for Persons with Disabilities, Pawel Wdowik, about measures to shorten the wait for a ruling 

On August 6, 2023, Article 15h of the Law of March 2, 2020 on Special Arrangements for Preventing, Countering and Combating COVID-19, Other Communicable Diseases and Emergencies Caused by Them was repealed. Under it, the validity of disability certificates, disability ratings and parking cards for people with disabilities was extended, and the period for which social assistance benefits for disability were granted was extended.

As a result of the repeal of Article 15h, a disability certificate or a certificate on the degree of disability, the validity period of which:

1) would expire by December 31, 2020. - remains valid until December 31, 2023,
2) would have expired in the period from January 1, 2021 to December 31, 2021. - shall remain valid until March 31, 2024,
3) would have expired in the period from January 1, 2022 to the day preceding the date of entry into force of this provision - shall remain valid until September 30, 2024, but no longer than the date of issuance of a new final ruling.

In connection with the validity of disability certificates or certificates on the degree of disability for these periods, parking cards for persons with disabilities having significantly limited mobility shall remain valid, but no longer than until the date of issuance of a new final disability certificate or certificate on the degree of disability. On the other hand, parking cards for facilities for the care, rehabilitation or education of people with disabilities who have significantly limited opportunities for independent mobility remain valid until March 31, 2024.

In this context, the Ombudsman is concerned by the information in the September 21, 2023 issue of "Dziennik Gazeta Prawna" about the significantly prolonged wait, up to 8 months, for the issuance of a new disability certificate. This is due not only to an increase in the number of applications received by the Disability Adjudication Teams, but also to a shortage of doctors to staff the committees and funds for additional full-time positions. The information presented in the TVN Facts report is also disturbing. The consequences of this state of affairs are borne by people with disabilities, among whom are employees, as well as their employers.

A person whose disability rating expires, for example, can no longer enjoy "envelope" parking and transportation discounts. The consequence is also the loss of attendance allowance or attendance benefit. She is also not entitled to a rehabilitation tax credit (which allows her to deduct drug expenses).

When the certificate is no longer valid, the employee has the status of an able-bodied person. He is not entitled to a reduced working time standard, an extra break at work, or a ban on overtime and night work. 

And people whose severe or moderate disability rating expires are no longer entitled to exemption with pay in order to participate in a rehabilitation camp or for specialized examinations, therapeutic or improvement treatments.

Source: RPO