DISABILITY RATE
First of all, the word "disability" literally means being handicapped or impaired in the body. Medically, disability is used interchangeably with the concept of impairment.
In the Turkish Code of Obligations, disability is defined as the inability to work.
Disability is a state of limitation, inadequacy, or reduction in bodily integrity resulting from an accident or illness. If the organs and systems in our body function completely and at 100% capacity, the person does not experience difficulty in maintaining their social life.
The percentage of deficiency in the person's bodily integrity, considered complete and 100%, is defined as the disability rate. If the person's bodily functions have a deficiency of twenty percent or more, they are expected to experience difficulties in their daily life.
Disability can be permanent, temporary, total, or partial.
Total disability: In this case, as a result of an accident or illness, the person cannot perform their bodily functions independently, and the person loses the basic qualities necessary to live their daily life.
Partial disability: In this case, as a result of an accident or illness, the person has dysfunction in one or more organs. For example, the loss of limbs such as arms or legs.
Permanent Disability: This refers to lifelong damage or injury to the body resulting from an accident or illness.
Temporary Disability: This refers to treatable damage or injury to the body resulting from an accident or illness.
GENERAL DOCUMENTS REQUIRED FOR DISABILITY FILES ACCORDING TO ILLNESSES
1- Medical documents from the date of the incident,
2- Documents related to treatments received after the incident,
3- Original X-rays,
4- Social Security Institution reports (for work-related accidents),
5- Complete forensic investigation file,
6- Medical documents showing the current status,
7- The person's occupation and age.
WHERE AND HOW TO OBTAIN A DISABILITY REPORT?
A health report establishing disability can be obtained from state university hospitals, Ministry of Health Training and Research Hospitals, and Military Hospitals. If these types of hospitals are not available, such a health report can be obtained from State Hospitals. To obtain reports from the hospitals initially listed, you will receive a referral letter from the Social Security Provincial or Central Directorate.
The resulting medical board reports, along with other documents, are sent by your local Social Security Provincial or Central Directorate to the relevant Institutional Health Board for review. The disability file may be accepted or rejected, or an interim decision may be made. The final decision
can be obtained from your local Social Security Provincial or Central Directorate.
If the initial medical board report is deemed insufficient or incomplete, the relevant health board will issue an interim decision. During this period, you will be asked to complete any missing information and documents.
If the request is rejected on the grounds of a sixty percent loss of working capacity, your local Social Security Provincial or Central Directorate may request a review of the medical board report by the Higher Health Board. If this decision is also appealed, opinions will be sought from Medical Faculty Councils or the Forensic Medicine Institute.
Who is considered disabled is regulated in Article 53 of the Social Insurance Law. Accordingly:
If, as a result of the examination of health reports and supporting medical documents prepared by institutional hospitals,
it is stated that the insured person has lost at least 2/3 of their working capacity, or if, as a result of treatment carried out in accordance with Article 34 of the Social Security Law, the health reports prepared after the examination indicate that the insured person has lost at least 2/3 of their working capacity, or
if it is determined by the relevant health institutions that the insured person has lost at least sixty percent of their earning capacity in their profession as a result of an occupational accident or occupational disease, the insured person is considered disabled.
The disability rate is determined by using tables prepared by taking into account certain factors.
(HÜSEYİN DOĞAN)
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