DISABILITY RATE
First of all, the term "disability" refers to the condition of being disabled and to a physical impairment. Medically, the term "disability" is used interchangeably with the concept of "handicap."
Under the Turkish Code of Obligations, disability is defined as the inability to work.
Disability refers to a state of limitation, impairment, or reduction in bodily integrity resulting from an accident or illness. When the organs and systems of our body function fully and at 100% capacity, a person experiences no difficulty in maintaining their social life.
The percentage of deficiency in a person’s physical integrity—which is considered complete, intact, and at 100%—is defined as the disability rate. If there is a deficiency of 20% or more in a person’s bodily functions, it is expected that they will face 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 individual cannot perform bodily functions independently and loses the basic abilities necessary to live their daily life.
Partial disability: In this case, as a result of an accident or illness, there is a functional impairment in one or more of the individual’s organs. Such as the loss of limbs like arms or legs.
Permanent Disability: In this case, an accident or illness results in a permanent injury or damage to the body that will last for the rest of the person’s life.
Temporary Disability: In this case, an accident or illness results in a treatable injury or damage to the body.
DOCUMENTS GENERALLY REQUIRED IN DISABILITY FILES BY ILLNESS
1- Medical records from the date of the incident,
2- Documents related to treatments received after the incident,
3- Original X-rays,
4- Social Security Board reports (for work-related accidents),
5- The entire criminal investigation file,
6- Medical documents indicating the current condition,
7- The person’s occupation and age.
WHERE AND HOW IS A DISABILITY REPORT OBTAINED?
A medical report establishing disability can be issued at state university hospitals, Ministry of Health Training and Research Hospitals, and Military Hospitals. If such hospitals are not available, this type of medical report can be obtained from State Hospitals. To obtain a report from the hospitals listed above, you must have a referral letter issued by the Social Security Provincial or Central Directorate.
The medical board reports prepared as a result of this referral are sent, along with other documents, by the Social Security Provincial or Central Directorate you are affiliated with to the relevant Institution’s Medical Board for review. The disability file reviewed here may be accepted or rejected. Alternatively, an interim decision may be issued.
You can obtain the result from the Social Security Provincial or Central Directorate where you applied.
If the initial medical board report issued following the referral is deemed insufficient or incomplete, the relevant medical board issues an interim decision. During this period, you will be asked to complete any missing information or documents in the file.
If the claim is rejected on the grounds that the applicant has lost 60% of their work capacity, the Social Security Provincial or Central Directorate under whose jurisdiction the applicant falls may submit a written request for the medical board report to be reviewed once by the High Medical Board. If an objection is filed against this decision, an opinion may be sought from the Faculty of Medicine Councils or the Forensic Medicine Institution.
The criteria for determining who is considered disabled are regulated in Article 53 of the Social Insurance Law. Accordingly:
Based on the review of medical reports and supporting medical documents issued by institutional hospitals, if it is determined that the individual has lost at least two-thirds of their working capacity,
If the medical report prepared following an examination conducted pursuant to Article 34 of the Social Insurance Law states that the individual has lost at least two-thirds of their working capacity,
If it is determined by the relevant health institutions that the insured person has lost at least 60% of their earning capacity as a result of a work-related accident or occupational disease, the insured person is considered disabled.
The determination of the disability rate, which is established by utilizing tables prepared by taking certain factors into account, is referred to as the disability rate.
HÜSEYİN DOĞAN