Repeatedly proving limitations caused by an incurable illness means journeys, queues, costs and uncertainty. Zhan Botanov, a lawyer who has lived with a disability since childhood, believes every reassessment should have an understandable basis and that documented irreversible impairments must be properly considered.
An incurable illness does not mean annual assessment for everyone
Medical monitoring and confirmation of disability status are different matters. Examinations needed for treatment may remain necessary even with indefinite status. Conversely, the need to see a doctor does not by itself explain why disability is recognised for only one year.
There is no sound universal rule that everyone with a particular diagnosis must prove disability annually. The MSE Rules assess specific impairments, activity limitations, rehabilitation potential and the grounds in the relevant lists. A chronic illness, duration of treatment and duration of disability status are distinct.
When is indefinite status provided for?
Paragraph 31 contains several grounds. One is meeting the list of irreversible defects and diseases in Annex 7-1. It includes specific anatomical defects and conditions, such as complete blindness in both eyes and specified levels of amputation. Exact wording, severity and combinations matter: an entry cannot be extended to every visual impairment or hand injury.
Another ground combines persistent irreversible changes, unsuccessful rehabilitation carried out in full, a stable group and ongoing observation: at least four years for Group I, five for Group II and six for Group III. These periods operate alongside the other conditions; elapsed time alone does not create automatic entitlement. There is an exception involving conditions listed for a five-year award in Annex 7-2.
Indefinite status is also provided for people of pension age with an unfavourable rehabilitation prognosis. Children have a separate framework; adult criteria should not be applied mechanically to a child.
What if another one-year period is awarded?
- Obtain the expert conclusion and record when you received it.
- Compare the medical evidence with a specific entry in Annex 7-1 or the conditions in paragraph 31.
- Ask why those grounds were not applied and which rehabilitation prognosis was adopted.
- If you disagree, submit an administrative complaint with evidence of persistent impairments, previous decisions and treatment outcomes.
A request to examine how a specific provision applies to a documented condition is more useful than simply stating that the illness is incurable. If the records are incomplete, discuss with the relevant specialist how to document limitations and prognosis. Do not stop prescribed treatment to try to demonstrate severity.
Why also raise systemic concerns?
An individual appeal addresses one person’s decision. Appeals to the Government, the Labour Ministry and elected representatives can raise a different question: which rules create unnecessary burdens and what should change? These routes can be pursued together, but a policy letter does not replace an individual appeal or automatically protect its deadlines.
Zhan Botanov advocates clear reasons for reassessment, full use of existing records and a reasoned answer about indefinite status. A systemic appeal can record the number of journeys, time spent, repeated examinations and a concrete proposal. For example, explain which new information is needed and why existing evidence is insufficient. This is a proposed improvement, not a promise of an existing exemption.
Discuss the decision early
If annual reassessment has become a difficult cycle, contact Zhan Botanov. Start with a short chronology and the substance of the decision; medical records can be discussed privately. Call +7 701 299 44 44. Together we are stronger.