Re-certification: how to prepare and pass without mistakes

A person usually encounters the issue of re-certification unexpectedly: a notification arrives, the term of a previously established status expires, or an employer asks for confirmation of a document. Many people put off preparation until the last moment, and then it turns out that some certificates have already expired or were issued in the wrong form. As a result, the procedure drags on, and the decision is not the one that was expected.

The article explains when re-certification is mandatory and when it is carried out at the initiative of the applicant, which bodies and instances to apply to, which documents to prepare and how the procedure proceeds stage by stage. Medical preparation, grounds for refusal and the appeal procedure are considered separately, as well as issues that arise for employees and entrepreneurs in Almaty.

What re-certification is and when it is ordered

Re-certification is a repeat medical examination to confirm, extend or change a previously established status: disability, the degree of loss of general or professional working capacity, or fitness to work in harmful and (or) hazardous working conditions. A conclusion does not remain valid indefinitely; it is periodically reviewed, so the procedure serves as the basis for maintaining or reviewing payments, benefits and clearance for certain types of work.

When re-certification is ordered depends on the type of status and the period for which it is established. In the case of permanent disability, repeat examination is not required; in the case of temporary disability, it is carried out upon expiry of the established period. The degree of loss of working capacity is reviewed when health status changes or upon expiry of the term. Fitness to work in harmful conditions is confirmed within the framework of mandatory periodic medical examinations.

• expiry of the period for which disability or the degree of loss of working capacity was established
• a change in health status affecting working capacity
• the need to extend a previously established status
• the need to change the disability group or the degree of loss of working capacity
• the onset of the term for a mandatory periodic medical examination for employees in harmful and hazardous industries
• the initiative of the employee, employer or medical organisation when the relevant circumstances arise

Grounds and timeframes: when re-certification is mandatory and when it is voluntary

The grounds for re-certification fall into two blocks. The law establishes mandatory re-certification for persons whose status is assigned for a certain period, as well as when health status changes affecting the conclusion. In these cases, undergoing a medical commission is the recipient's duty, and evasion entails a review of the previously adopted decision. The timeframes are set out in the conclusion itself and are counted from the date of its issue.

When re-certification must be undergone can be seen from the documents of the previous commission. If a term is specified, one must apply within that period, and if health deteriorates, without waiting for it to expire. The law provides for cases of permanent status: as a general rule, a repeat application is not required.

• By law, re-certification is carried out within the term specified in the conclusion.
• If health deteriorates, an application may be submitted before this period expires.
• Indefinite status removes the obligation to undergo the commission again.
• A voluntary re-examination is initiated by the recipient themselves.
• The basis for review is medical documents on the state of health.
• The deadlines and procedure for applying are checked against the text of the current conclusion.

Where to apply for re-examination: bodies and authorities in Kazakhstan

The route of application depends on the task: establishing disability, reviewing it, or changing the group. It all starts at the medical organisation at the place of attachment — the district doctor or the medical advisory commission prepares the documents and refers the person for a medical and social examination.

The main body is the medical and social examination department: examination, review of documents, conclusion. The procedure requires personal presence; where there are medical grounds, an absentee or on-site examination is permitted. The decision is formalised by an act and a certificate.

An application can be submitted through a Public Service Centre at the place of residence: the centre does not conduct the examination but registers the application, checks that the set of documents is complete, and forwards the materials to the MSE department. The authorised body in the field of social protection coordinates the procedure, considers complaints and monitors compliance.

• medical organisation at the place of attachment — issues the referral and medical documents
• medical and social examination department — conducts the examination and issues the conclusion
• authorised body in the field of social protection — coordinates the procedure and considers complaints
• public service centre — accepts the application and documents for forwarding to the MSE
• higher MSE body — considers applications disputing a decision

Which documents to collect for re-examination: the full list

Collecting documents begins with an application for re-examination to the medical and social examination department. A citizen's identity card of the Republic of Kazakhstan is attached to it. If the person's interests are represented by an authorised representative, a document confirming their authority and the representative's identity card will be required. The list also includes medical conclusions, extracts from the medical record and examination results.

The medical organisation prepares an extract from the medical history stating the diagnosis, the degree of impairment of functions and the treatment provided. Results of laboratory and instrumental examinations and conclusions of the medical advisory commission are attached to it. These papers confirm the state of health at the time of application; without them the commission will not be able to assess the dynamics and justify the disability group.

• Application for re-examination in the established form
• Identity card of a citizen of the Republic of Kazakhstan (original and copy)
• Medical extract from the medical history with the diagnosis
• Results of laboratory and instrumental examinations
• Conclusion of the medical advisory commission
• Documents confirming employment history

The completeness of the package affects the timeframes for consideration and the soundness of the commission's decision.

How re-examination is conducted: stages of the procedure

Re-examination begins with an application from the person who has previously been assessed as having a disability. The application is submitted to the territorial body of the Committee for Labour and Social Protection at the place of residence, together with medical documents, conclusions from healthcare organisations and other materials on the state of health. The application and documents are registered, after which a date for the examination is set; the applicant is notified of the time and place in advance.

The examination may be conducted in person, remotely, or with a visit to the person's location. On the appointed day, specialists review the medical documents, assess the examination results and carry out the examination; if documents are insufficient, an additional examination may be ordered. The data is recorded in a protocol, which is signed by the participants of the examination.

• Submission of the application and attachment of medical documents to the territorial body.
• Registration of the application and setting of the examination date.
• Review of the submitted documents and, where necessary, ordering of an additional examination.
• Conduct of the examination of the citizen and recording of the results in the protocol.
• Collegial discussion and issuance of the opinion.
• Announcement of the decision to the applicant and issuance of a copy of the opinion.

In re-examination, the one who wins is the one who starts collecting documents a month before the date, not the day before the commission.

What to prepare for re-examination in advance: the medical part

It is better to start preparing for re-examination before the deadline specified in the previous opinion: fresh examination results are accepted more fully than data from a year ago. Medical documents must reflect the current condition — the dynamics of the disease, the effectiveness of treatment, preserved or lost functions.

If the person was treated in hospital, request the discharge summary in advance with the diagnosis, examination results and recommendations. It is advisable to obtain written opinions from narrow specialists (cardiologist, neurologist, endocrinologist, ophthalmologist and others according to profile), with the organisation's seal and the doctor's signature. Undergo examinations at the medical organisation that provides the follow-up: its documents are easier to confirm and request again.

• discharge summary from hospital with the diagnosis and examination results;
• opinions from narrow specialists with the signature and seal of the medical organisation;
• results of recent laboratory and instrumental examinations;
• outpatient card or an extract from it with the follow-up dynamics;
• copies of requests for the issuance of a referral and responses to them;
• identity document and IIN.

Grounds for refusal and appealing the re-examination decision

Grounds for refusal at re-examination are incompleteness of documents, non-compliance of the application with the form, and missing the application deadline. A refusal is also reasoned by failure to confirm a change in health condition or other circumstances. The decision is issued in writing with the reasons stated and becomes the basis for appeal.

If refused, the applicant has the right to apply to a higher authority. The complaint is submitted in writing with a copy of the contested decision and the documents which, in the applicant's view, were not taken into account. The deadline is limited and is counted from the day the decision became known. Under the Administrative Procedural Code of the Republic of Kazakhstan, pre-trial appeal is mandatory: a court is approached only after the higher authority has considered the complaint, and the decision it adopted is contested.

• Obtain a written decision stating the grounds for refusal.
• Check the completeness of previously submitted documents and remedy any gaps identified.
• Submit a complaint to the higher authority within the established deadline.
• Attach to the complaint copies of documents confirming the applicant's arguments.
• If the higher authority refuses, apply to the court with an application to contest the decision.
• Keep evidence of the date the decision was received and the date the complaint was submitted.

What decisions are made following re-examination

The decision is made by the medical and social expert examination department based on the examination and assessment of limitations in daily living. The results are reflected in the report and an opinion of the established form is issued. The scope of social guarantees and the amount of benefits depend on the decision.

If the status is confirmed, the disability group or degree is retained and the term is extended for a new period. If the health condition changes, the commission has the right to establish a different group or degree — either to increase or to reduce it.

A separate outcome is the removal of status, where limitations in daily living are not identified. Then payments and benefits related to disability cease, but the right to appeal the commission's decision is retained.

The outcome affects further rights: the award and extension of benefits, the provision of technical auxiliary (compensatory) means, and social services.

• confirmation of status — the group or degree remains the same, and the term is extended;
• change of group or degree — a new scope of restrictions and the corresponding guarantees are established;
• removal of status — disability is not confirmed, and payments and benefits cease;
• extension of term — the previously established status remains in force until the next assessment;
• establishment of status indefinitely — where there are persistent irreversible changes, no repeat examination is scheduled;
• appeal of the decision — if there is disagreement, it is challenged before a higher commission or in court.

The commission's decision may be appealed to a higher authority or in court.

Re-assessment and the employer: rights and obligations of the employee

The results of re-assessment affect the employment relationship: whether the position will be retained, whether a transfer or a change in working conditions will be required. The employee must inform the employer of the medical and social examination decision, and the employer must bring working conditions into line with the recommendations. The conclusion serves as the basis for HR decisions, so it is passed to the HR department without delay.

If, according to the conclusion, the employee needs different work, the employer must transfer him to another available job that is not contraindicated by his state of health. If no suitable work is available or the employee refuses, the employment contract is terminated on grounds related to the medical conclusion. The employee retains payments and compensation under the Labour Code of the Republic of Kazakhstan for the period until the transfer.

• Familiarise the employee with the medical conclusion against signature
• Offer vacancies suitable for the employee's state of health
• Issue an order on transfer or change of working conditions
• Retain guarantees and compensation for the period of transfer
• Terminate the employment contract only if there are no options or the employee refuses
• Do not allow discrimination on the grounds of health status

Common mistakes during re-assessment and how to avoid them

Mistakes during re-assessment are more often related to preparation than to the examination itself. Missing the deadline, an incomplete package, outdated examinations and an incorrectly completed application all lead equally to the matter not being considered on the merits or the documents being returned. Time is lost, while status and payments remain uncertain.

How not to miss re-assessment is decided by checking the date in the conclusion and in the case documents in advance. If the deadline is approaching and the medical documents are not ready, collection begins early, not a few days before. If the state of health changes or new diagnoses appear, examinations are carried out again: previous results lose their force for assessment over time.

• Not checking the re-assessment date against the document in which it is stated.
• Submitting an application with incomplete information or without a signature.
• Attaching outdated medical conclusions and extracts.
• Not checking that the attachments are complete before submitting.
• Not reporting a change in state of health and new diagnoses.
• Submitting documents at the last moment, with no time to remedy shortcomings.

Re-assessment for an entrepreneur: what to consider in Almaty

For an individual entrepreneur and the director of an LLP, re-assessment for disability affects not only personal status but also access to activity: a number of licences and permits are tied to the absence of medical contraindications, so it is planned in advance, before a check by the permitting authority.

For an LLP this matters when the director or the sole participant with signing authority undergoes re-assessment and the disability group or degree of loss of working capacity changes: this affects the signing of documents, the representation of the company before state bodies and banks, and access to work with heightened health requirements. When the conclusion changes, the way business is conducted changes too. In Almaty it is more convenient to undergo re-assessment with a ready package of documents on the activity, confirming the actual performance of work and the retention of management functions.

• Check the list of licences and permits against the medical requirements for the position and type of work
• Prepare documents on the activity of the individual entrepreneur or LLP: contracts, acts, staffing schedule
• Check with the licensing authority on the procedure for confirming compliance after a change of opinion
• Issue a power of attorney or redistribute powers for the period of the assessment
• Keep copies of the opinions and submit them to banks, counterparties and state bodies on request
• Check whether counterparties need to be notified under existing permits and approvals