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What is the recognition of the disability?
The recognition of disability is the process through which a commission a medical-legal currency psycho-physical of a person to determine if it falls within the criteria established by the law for access rights, protections and benefits.
What are the main regulatory?
The main legislative references are:
- Law 104/1992 – For the recognition of the state of disability and related benefits.
- Law 68/1999 – For the placement-targeted to the employment of people with disabilities.
- Law 118/1971 – For the disability.
- Law 67/2006 – Against discrimination of persons with disabilities.
- The UN convention on the rights of persons with disabilities (ratified by Law 18/2009).
What types of recognition exist?
- Disability – Percentage of disability based on the reduction of working capacity or autonomy.
- Handicap (Law 104/1992) – It can be as simple or in a situation of gravity, with specific rights (e.g. permissions days).
- Disability for work (Law 68/1999) – For inclusion in the targeted placement.
- Blindness or deafness civil – Specific procedures for these conditions.
- Minori – Evaluation does not work capabilities, but on the autonomy in relation to the age.
🔹 As you start the procedure for the recognition?
- Medical certificate introductory: the doctor (MMG or pediatrician) issue a certificate with diagnosis and code of disorders.
- Sending the application to the INPS: through patronage or directly by the citizens, with SPID, CIE or CNS.
- Call medical visit: by the commission as a medical-legal integrated ASL-INPS.
- Outcome of the visit: verbal provisional, then the minutes final.
- Possible use: in the case of non-recognition or assessment is not appropriate.
Who evaluates the disability?
The rating it is made from a The Medical commission ASL, supplemented by a doctor of the INPS. In the case of disabilities for school purposes, or days, can also be present experienced as a child neuropsychiatrists, psychologists, or social workers.
What documents do I need?
- Medical certificate introductory
- Health records are complete and up to date (examinations, diagnosis, reports specialist)
- Document id
- Any delegation (if you proceed through patronage or guardian)
It is possible to obtain a waiver from the visit?
Yes. 2020in the case of serious diseases or certificate (e.g. cancer, neurodegenerative, genetic syndromes), is possible to request the evaluation of acts (without visiting in person). The exemption is also provided for cases of irreversible already certified.
🔹 How long does it take?
Within 30 days of the request, INPS convenes to visit (60 days if less).
The outcome can reach within 60 days from the visit.
In case of emergency (e.g. cancer), the procedure is accelerated.
🔹 What happens after the recognition?
Depending on the type of recognition, and the percentage ascertainedyou may have the right to:
Fees (accompaniment, disability allowance, pension)
The entry to the protected categories
Educational support, or school
Custom projects and taking charge of socio-medical
What happens if the request is rejected?
It is possible to:
Appeal and judicial (within 180 days)
Require a review presenting the new documentation
Repeat the application in the case of aggravation
🔹 The disability must be confirmed?
Yes, if the report has validity (e.g. “which may be revised by...”). In that case INPS start automatically the revision before the deadline. In the cases final, no return unless an aggravation or specific request.
🔹 The recognition is the same for children and adults?
No. For children, the assessment relates to the autonomy on the basis of age and in need of assistance. For the adults, to evaluate the working capacity remaining. The transition to the age often leads to a re-evaluation.
🔹 Where can I find support?
Patronages (CAF ACLI, INCA, etc.)
Protection associations (e.g. ANOfficial sites (INPS) and ASL localMIC, FISH, AISM, UILDM, etc.)
Branches of social Common