The Cabinet of Ministers of Ukraine has updated the procedure for establishing and confirming disability. The changes relate to the duration of disability groups, grounds for indefinite status, reappraisals, document preparation for military personnel, and the procedure for appealing decisions of expert teams.
The relevant changes were approved by Cabinet of Ministers Resolution No. 1359 of October 28, 2026. The Ministry of Health reported on the innovations on November 2.
One of the main changes was the expansion of possibilities for establishing disability without the need for reassessment. The government also regulated cases where the previous period of disability has ended, but the expert team has not yet made a new decision.
New terms for establishing disability
According to the updated criteria, persons who are first assigned group I disability may have it assigned for a period from one to five years or indefinitely. This will depend on the results of the assessment.
During reassessment, disability can also be established indefinitely if there are appropriate medical grounds, not only for a specified period.
The government separately clarified the conditions for granting indefinite disability to people with irreversible impairments of body functions. This refers to cases where impairments cannot be corrected after applying possible treatment and rehabilitation methods or where their use is predicted to be ineffective.
The updated list of anatomical defects and diseases for which disability is established without a reassessment period contains 97 items. They are distributed by disability groups and provide specific medical criteria.
In particular, the list includes defined consequences of limb amputations, severe irreversible vision impairments, certain diseases of the nervous system, mental disorders with significant functional impairments, chronic kidney diseases requiring permanent replacement therapy, and other conditions.
However, the diagnosis alone is insufficient in cases where the document requires confirmation of the degree of functional limitations, examination results, or treatment ineffectiveness.
Separately, an annex to the resolution provides a list of severe diseases and conditions for which disability is established for five years. Among them are defined forms of severe respiratory and heart failure, chronic kidney disease, diabetes mellitus with severe complications, and systemic diseases.
It also provides for the possibility of indefinitely establishing disability for persons who have reached retirement age on preferential terms in accordance with Article 114 of the Law on Mandatory State Pension Insurance.
What changes for those undergoing reassessment
The resolution eliminates the possibility of a break in the period of established disability due to a delay in a new decision.
If the expert team conducts a reassessment and makes a decision to change or not assign a group after the previous period has ended, this period is considered extended until the day the new decision is made.
At the same time, the new disability group or the decision not to assign it applies from the date the relevant decision was made by the expert team. For certain persons who underwent assessment within the timeframes defined by the transitional provisions of Resolution No. 1338, a similar rule is directly enshrined in Resolution No. 1359.
Exceptions from the transitional rules of reassessment for certain categories of citizens have also been clarified, in particular for men aged 25 to 60 with group II or III disability established for a specified period.
Among the grounds for applying exceptions are severe impairments of mobility and self-care, vision or hearing, absence of limbs or certain organs, oncological diseases, intellectual disabilities, cerebral palsy, and other defined conditions. This does not mean cancellation of reassessments for all men in this age category.
New rules for military personnel
The list of officials who can issue referrals for military personnel for assessment of daily functioning has been expanded.
Now such a referral, if there are medical grounds, can be issued by the head of the medical service of a military unit if it was not issued by an appropriate military medical or other authorized medical commission.
In addition, a unified reference book has been introduced for comparing the conclusions of military medical and other medical commissions with the causes of disability recorded by expert teams. This is intended to ensure consistent application of formulations regarding the connection of injuries, traumas, and diseases with military service.
The document also allows in certain cases to record two causes of disability simultaneously. In particular, this applies to persons with disabilities since childhood and persons whose diseases or health damage are related to deprivation of liberty as a result of Russian aggression, provided there are necessary documentary grounds.
The rule on simultaneous recording of two causes of disability will take effect one month after the official publication of the resolution.
Remote assessment, abroad, and extension of sick leave
The government has expanded the list of conditions for which assessment can be conducted without the person's presence. In particular, certain types of amputations, congenital absence of limbs, and severe intellectual disabilities have been added.
For military personnel, police officers, and other defined categories undergoing prolonged inpatient treatment, opportunities for conducting assessment at the place of treatment have been expanded.
Citizens of Ukraine legally staying abroad can submit medical documents to a treating physician in Ukraine, including by mail or electronic means of communication. If there are grounds, the expert team can consider the case remotely or using telemedicine.
During martial law and for three months after its termination, the use of foreign medical documents with a duly certified translation into Ukrainian is allowed. An exception is documents issued in Russia or Belarus.
Another innovation concerns sick leave. To extend temporary incapacity for more than 120 days, it is no longer necessary to obtain a separate recommendation from the expert team. The decision to extend sick leave will be made by the treating physician in accordance with the established procedure. At the same time, referral for disability assessment on appropriate medical grounds remains possible.
Appealing decisions and document processing times
The resolution clarifies the procedure for reviewing decisions of expert teams and former medical and social expert commissions.
The Center for Assessment of Functional Status of a Person can verify the validity of decisions based on procedural documents of law enforcement agencies and courts, as well as on monitoring results.
Based on the results of the review, the Center can confirm the previous decision, cancel it, or make a new one. The review should generally not exceed 30 calendar days, although cases of suspension and exceptions due to force majeure are provided for.
A person appealing the decision of an expert team can indicate the desired form of complaint consideration: in-person, remote, or using video communication. The Center can change it on defined grounds, in particular if a personal examination is necessary.
In addition, the period for applying for correction of technical, arithmetic errors or typos in the extract from the decision has been increased from 40 calendar days to one year.
Medical facilities must keep audio recordings of assessments for six months, and moderation of referrals or their return to physicians for revision must be carried out within seven calendar days.
Resolution No. 1359 provides for entry into force from the day of its official publication, except for certain provisions for which a one-month delay is established.
According to: Cabinet of Ministers of Ukraine, Cabinet of Ministers Resolution No. 1359
