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How to get replacement social security card for my child
How to Replace a Child's Social Security Card?
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Have you misplaced your child’s Social Security card? Or even more unsettling, has it been stolen? You might think your child’s card can’t be misused if he or she is underage. Unfortunately, that's not the case.
Jump ahead to these sections:
Why Should I Replace My Child’s Card?
Step 1: Immediate Actions You Need to Take
Step 2: Gather Documents
Step 3: Complete Application
Step 4: Submit
What If My Child Doesn’t Have a Card?
How Can I Prevent Fraud?
In 2017, more than one million children were victims of identity theft. Most at risk are children under age seven. Thieves can create new identities using a mix of your child's identification and fake information to open new lines of credit on homes, car loans, and even personal loans. Social Security theft impacts your child's future in other ways, too. It can disqualify your child from financial and college scholarships or even deny him or her employment later on in life.
We’ll show you how to replace your child's Social Security card and learn some action steps you can take to prevent fraud.
Post-loss tip: If dealing with social security details is a part of handling the unfinished business for an adult child who has passed, there are many other emotional and technical aspects of this process that can be overwhelming without a way to organize. We have a post-loss checklist that will help you ensure that your loved one's family, estate, and other affairs are taken care of.
Why Should I Replace My Child’s Card?
Technically, you don’t need your child’s Social Security card, but you do need the number for most things. It’s not often anyone or any entity asks for proof of the physical card.
You will also need the number if you plan to open a bank account for your child, get him or her medical coverage, or add your child to your federal and state tax returns. However, there is a lifetime and yearly limit to replacing cards. You can replace your own and your child’s card three times a year or ten times per lifetime.
Memorize your child’s number to be safe so that even if the card is lost, you’ll be able to complete most documents. Remember, a Social Security card is a government document that should remain in your hands. Before you replace your child's card, here are the immediate steps you need to take now to protect your child's identity.
» MORE: Easy as 1-2-3, make an online will in minutes.
Step 1: Take Immediate Action
First, take a deep breath. There's a chance that a Good Samaritan found your child's card and mailed it back to the Social Security office. However, in case that didn’t happen, here's what you need to do:
File a police report with your local law enforcement agency. Make sure to keep a copy of the report for your records. Police documentation will help you build a case if you need to file reports with banks or creditors later.
Freeze your child's credit. You may be hypervigilant about watching your credit report, but if you've lost your child’s Social Security card, your child's credit is compromised as well. Thirty-two states allow you to freeze your child's credit report on their behalf. Complete a freeze request form for each major credit bureau (Experian, TransUnion, and Equifax). Freezing your child's credit will prevent thieves from opening credit lines under your child’s name.
Confident the card was stolen? File an identity theft report. This free government service will create a personalized recovery plan for your family.
Finally, you will need to replace your child's Social Security card. We've put together the information you need to know in the rest steps below.
Step 2: Gather Documents
You’ll need to take two types of documentation to your local Social Security office in order to get a new card for your child. Keep in mind the Social Security office only accepts unexpired original documents or certified copies — no notarized copies or photocopies.
First, you will need to prove your child’s identity, citizenship, and age. The only document you can use to prove all three at the same time is a U.S. passport. You can also use the following:
School ID card
State issued-ID card
Certified copy of a medical record (clinic, doctor, or hospital)
Health insurance/Medicaid card
You will also need to prove your child’s age. Some of the documents the SSA office accepts are:
U.S. hospital record of your child’s birth
Religious record before age five
U. S. passport
Lastly, to prove citizenship, you may use your child’s U.S passport or birth certificate. You can also use:
Certificate of Naturalization
Consular Report of Birth Abroad
Certificate of Citizenship
It’s easiest to use a document that proves more than one requirement. You can use a religious record to prove both your child’s age and identity, or you can use a birth certificate to prove both age and citizenship. Make sure to verify documents with the Social Security Administration before moving to step 3 below.
Finally, you will need to verify your identity and relationship with your child. The document needs to show your name and photo, such as a driver’s license, state ID card, or U.S. passport. To verify your relationship, the birth certificate above will be enough, but you can use an adoption decree or court order of patronage, too (depending on your relationship with the child).
» MORE: Take your planning one document at a time.
Step 3: Complete Application
Next, you will need to complete an application for a new Social Security card. You can fill out the form and sign it on behalf of your underage child as long as he or she is under 18 years old.
Once you put this form together with your gathered documents, you can move to step 4.
Step 4: Submit
You will need to take your application for a replacement card (along with your and your child’s documents) to your local Social Security office or mail it. It’s important to note that you cannot complete your child’s application online, though you can request an adult card online.
If you visit a few minutes before your local Social Security office opens, you could be in and out in as little as 15 minutes. Wait times will be longer later in the day.
Mailing an application is riskier. You may want to visit in person to avoid essential documents (like your child's passport and birth certificate) getting lost in the mail. If you do choose to mail your child’s application, these documents will be mailed back to you.
Ultimately, you can expect your child’s card in your mailbox within seven to 15 days.
» MORE: This is the modern way to prepare for tomorrow.
What If My Child Doesn’t Have a Card?
You can follow these steps to file for a new card if your child doesn’t already have a card.
Keep in mind that children over 12 years of age need to appear to the Social Security office in person for an interview.
How Can I Prevent Fraud?
Here are some tips you can use to secure your child’s identity now and into the future. Here are some tips:
Never carry your child’s card in your wallet. Keep everyone’s Social Security card along with other necessary documents at home or in a safety deposit box at a bank. It’s a good idea to use a water and fireproof lockbox to make sure these documents stay safe in an emergency if you keep it at home.
Keep your child’s Social Security number on a separate piece of paper. Write down the number and put it in your lockbox just so you have the number handy.
Don’t give out your child’s (or your own) Social Security number unless you absolutely have to. It might surprise you to know that most medical offices, hospitals, and schools don’t need your child’s Social Security number. Remember, once you give out your number, it’s more challenging to protect it.
Shred important documents. It’s not uncommon for thieves to look through landfills or your dumpster for personal information.
Periodically check your child’s credit report (or make sure he or she doesn’t have one). Your child shouldn’t have a credit report until he takes out his first school loan, apartment, or line of credit. It’s a good idea, especially as your child grows, to check his credit report. Experian offers a free one-time scan of your child’s Social Security number.
Prepare for the future. All of these steps above are an important way to prepare for the uncertainty of tomorrow. Whether you honor someone's life with a virtual GatheringUs celebration or you create a clear guardianship and estate plan, it's important to look ahead.
Plan for Your Child’s Future
Keeping your child’s Social Security number secure is an important step toward keeping his or her benefits safe — like Social Security benefits for his or her future family. Children grow up fast, and it's important to think about his or her later-in-life experiences, too.
It’s never too early to plan well for yourself as well. Cake can help you store your will, name an estate beneficiary, and secure your legal documents safely online. Cake’s free online profile ensures that all of your end-of-life resources are in one place so you won’t have to worry about replacing a lost document ever again.
If you're looking for more ways to protect or store important documents, check out our guides on how to store important documents and how long you should keep documents.
“How do I replace a Social Security card for a child?” Social Security Administration. www.FAQ.SSA.gov.
“Child Identity Fraud Hit More Than One Million U.S. Victims in 2017” Javelin Strategy & Research group. www.javelinstrategy.com/node/59561
“U.S. Citizen/Child — Replacement Social Security Card” Social Security Administration. www.ssa.gov
Closing & managing accounts
How Do I Replace A Child's Social Security Card?
David Levine | June 30, 2021
The nine-digit Social Security number is the primary identifier for the U.S. government. Along with a birth certificate, a Social Security card is one of the first documents a child’s parents or guardians get to store in a filing cabinet.
Most everyone in the U.S. needs the number to get a job and begin acquiring the credits needed to claim Social Security and other government benefits and services. The number allows the Social Security Administration (SSA) to record the child’s earnings once he or she begins working, and to credit the child for retirement benefits once he or she becomes eligible.
SSA recommends that the card be kept in a safe place with other important documents. The card itself is important – but it’s not critical. In fact, for most business transactions, the individual only needs to know their Social Security number. SSA says that a lost card does not always need to be replaced.
If you do need to replace your child’s Social Security card, it’s pretty easy.
You must provide SSA with the appropriate documents about the child. These must prove:
The Child's Identity: A document that shows your child’s name, identifying information (date of birth, age or parent’s names), and preferably a photograph, such as:
State-issued nondriver’s identification card
Doctor, clinic or hospital record
School or daycare center record
School identification card
SSA notes that you can use a birth certificate to prove age or citizenship, but you cannot use it as proof of identity. SSA needs evidence that shows the child continues to exist beyond the date of birth.
The Child’s Age: You must submit a U.S. birth certificate if one exists. If a birth certificate does not exist, SSA may be able to accept the child’s:
Religious record made before the age of 5 showing the date of birth
U.S. hospital record of birth
The Child’s U.S. Citizenship: SSA will accept one of the following documents for your child:
U.S. birth certificate
U.S. consular report of birth abroad
Certificate of Naturalization
Certificate of Citizenship
You must also provide a document showing your name, identifying information and photograph, such as one of the following:
U.S. driver’s license
State-issued nondriver’s identification card
All of these documents must be either the original document or a certified copy from the issuing agency. SSA will not accept photocopies or notarized copies of documents.
All documents must be current – that is, not expired. SSA may use one document for two purposes. For example, it may use your U.S. passport as proof of both citizenship and identity.
Any documents mailed to SSA will be returned to you along with a receipt.
After gathering the appropriate documents, you must complete an Application for a Social Security card.
Once completed, take or mail the application and the required documents to your local Social Security office or your local Social Security Card Center. SSA will accept your application and documents and provide you with a receipt.
There is no charge for applying for a new Social Security card.
Receive a New Social Security Card
SSA will mail the new card to you as soon as it has reviewed and verified all of the required documents. SSA says you should receive the card within 10 business days from the date on the receipt. The replacement card will have the same Social Security number as the previous card.
SSA reminds you that, if you know the child's Social Security number but have lost the card, you may not need to replace the card. Call your local SSA office if you are unsure and want more information.
You can call the SSA toll-free number at 1-800-772-1213 or visit your local Social Security office. If you are deaf or hard of hearing, call the toll-free TTY number, 1-800-325-0778. Hours are between 8 a.m. and 5:30 p.m. Monday through Friday.
Monthly allowance for child care for persons not subject to compulsory social insurance
The applicant has the right to file a complaint against the decisions and (or) actions (inaction) of the authorized body, its officials in the provision of public services (complaint), including in the pre-trial (out of court) procedure in the following cases:
violation of the application registration deadline;
violation of the term for the provision of public services;
requirement from the applicant of documents, information or actions not provided for by the regulatory legal acts of the Russian Federation for the provision of public services;
refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them;
refusal to accept documents, the submission of which is provided for by regulatory legal acts of the Russian Federation for the provision of public services;
requesting from the applicant, when providing a public service, a fee not provided for by the regulatory legal acts of the Russian Federation;
refusal of the authorized body, its officials to correct the misprints and errors made by them in the documents issued as a result of the provision of public services or violation of the deadline for such corrections;
violation of the term or procedure for issuing documents based on the results of the provision of public services;
suspension of the provision of public services, if the grounds for suspension are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts.
Subject of complaint
The subject of the complaint is a violation of the rights and legitimate interests of the applicant, unlawful decisions and (or) actions (inaction) of the authorized body, its officials in the provision of public services, violation of the provisions of the administrative regulations and other regulatory legal acts that establish requirements for the provision of public services.
A citizen has the right to file a complaint in writing on paper by mail or in person to any PFR Client Service, as well as in electronic form:
on the official website pfr.gov.ru;
The reason for the appeal may be dissatisfaction with the quality of the provision of public services by the PFR, violation of the terms for the provision of services, violation of the terms for registering a request for a service, refusal to correct errors or typos, refusal to provide a public service, refusal to accept documents, demand for an additional fee.
Procedure for filing and handling a complaint
The complaint must contain:
name of the authorized body, last name, first name, patronymic (if any) of its officials providing the public service and (or) their leaders, decisions and actions (inaction) of which are being appealed;
last name, first name, patronymic (if any) of the applicant, information about the place of residence, as well as contact phone number (numbers), e-mail address (s) (if any) and postal address to which the answer should be sent to the applicant;
information about the appealed decisions and (or) actions (inaction) of the authorized body, an official of the authorized body, its head;
arguments on the basis of which the applicant does not agree with the decisions and (or) actions (inaction) of the authorized body, an official of the authorized body, its head.
The applicant shall submit documents (if any) confirming his arguments or copies thereof.
When filing a complaint in electronic form, the documents specified in paragraph 106 of the administrative regulations may be submitted in the form of an electronic document signed with an electronic signature, the form of which is provided for by the legislation of the Russian Federation. In this case, an identity document of the applicant is not required.
In the authorized body, officials authorized to consider complaints are determined, who ensure:
receiving and handling complaints;
sending complaints to the body authorized to consider them.
Complaints against decisions and (or) actions (inaction) of an official of the authorized body are considered by the head of the authorized body or an official of the authorized body authorized to consider complaints. Complaints against decisions and (or) actions (inaction) of the head of the authorized body are considered by an official of the executive authority of the constituent entity of the Russian Federation authorized to consider complaints.
If the complaint is filed by the applicant with a body whose competence does not include making a decision on the complaint, within 3 working days from the date of its registration, the said body sends the complaint to the body authorized to consider it and informs the complainant in writing about the redirection of the complaint.
The authorized body ensures:
equipment for receiving complaints;
informing applicants about the procedure for appealing against decisions and (or) actions (inaction) of the authorized body, officials of the authorized body by posting information on information boards in places where public services are provided, on the website of the authorized body, on the Single portal, service portal;
advising applicants on the procedure for appealing against decisions and (or) actions (inaction) of the authorized body, officials of the authorized body at a personal appointment, by phone, using the website of the authorized body;
conclusion of agreements on interaction between the multifunctional center and the authorized body in terms of the implementation by the multifunctional center of receiving complaints and issuing the results of consideration of complaints to the applicant;
formation and quarterly submission to the Federal Service for Labor and Employment of reports on received and considered complaints (including the number of satisfied and unsatisfied complaints).
Deadlines for considering a complaint
A complaint received by the authorized body shall be subject to registration no later than the working day following the day of its receipt.
The complaint is subject to consideration within 15 working days from the date of its registration, and in the event of an appeal against the refusal of the authorized body to accept documents from the applicant or to correct misprints and errors, or in the event of an appeal against a violation of the established deadline for such corrections - within 5 working days from the date of its registration.
Result of consideration of the complaint
The result of the consideration of the complaint is the adoption of one of the following decisions:
satisfy the complaint, including in the form of cancellation of the decision made by the authorized body, correction of typos and errors in documents issued as a result of the provision of public services, return to the applicant of funds, the collection of which is not provided for by the regulatory legal acts of the Russian Federation, regulatory legal acts of the subjects Russian Federation, municipal legal acts;
refuse to satisfy the complaint.
When satisfying the complaint, the authorized body takes comprehensive measures to eliminate the identified violations, including the issuance of the result of the public service to the applicant no later than 5 working days from the date of the relevant decision, unless otherwise provided by the legislation of the Russian Federation.
A complaint may be denied in the following cases:
availability of a court decision that has entered into legal force on a complaint about the same subject and on the same grounds;
filing a complaint by a person whose powers have not been confirmed in the manner prescribed by the legislation of the Russian Federation;
the presence of a decision on a complaint made earlier in accordance with the requirements of the Rules for filing and considering complaints against decisions and actions (inaction) of federal executive bodies and their officials, federal civil servants, officials of state non-budgetary funds of the Russian Federation, state corporations endowed with in accordance with federal laws, the powers to provide public services in the established field of activity, and their officials, organizations provided for by Part 1. 1 of Article 16 of the Federal Law "On the organization of the provision of state and municipal services", and their employees, as well as multifunctional centers for the provision of state and municipal services and their employees, approved by Decree of the Government of the Russian Federation No. 840 dated August 16, 2012, in respect of the same applicant and on the same subject of the complaint.
A complaint may be left unanswered in the following cases:
presence in the complaint of obscene or offensive expressions, threats to life, health and property of an official of the authorized body, as well as members of his family;
the inability to read any part of the text of the complaint, the last name, first name, patronymic (if any) and (or) the postal address of the applicant indicated in the complaint.
In response to the results of the consideration of the complaint, the following shall be indicated:
name of the public service provider that considered the complaint, position, last name, first name, patronymic (if any) of the official who made the decision on the complaint;
number, date, place of the decision, including information about the official of the authorized body, the decision and (or) action (omission) of which is being appealed;
last name, first name, patronymic (if any) of the applicant;
grounds for making a decision on the complaint;
decision made on the complaint;
if the complaint is found to be justified, the terms for eliminating the identified violations, including the term for providing the result of the public service;
information on the procedure for appealing against the decision taken on the complaint.
In the event that, during or as a result of consideration of a complaint, signs of an administrative offense or crime are established, an official of the authorized body authorized to consider complaints shall send the available materials to the prosecutor's office.
The procedure for informing the applicant about the results of the consideration of the complaint
A reasoned response based on the results of the consideration of the complaint is signed by the official authorized to consider the complaint and sent to the applicant in writing or, at the request of the applicant, in the form of an electronic document signed by the electronic signature of the official authorized to consider the complaint, the type of which is established by the legislation of the Russian Federation, no later than the day following the day the decision is made on the results of the consideration of the complaint.
Procedure for appealing a decision on a complaint
The applicant has the right to appeal the decision taken on the complaint by sending it to the Federal Service for Labor and Employment.
If the applicant is not satisfied with the decision made during the consideration of the complaint or the absence of a decision on it, then he has the right to appeal the decision in accordance with the legislation of the Russian Federation.
The applicant's right to receive information and documents necessary to substantiate and consider the complaint
The applicant has the right to receive comprehensive information and documents necessary to substantiate and consider the complaint.
Ways to inform complainants about the procedure for filing and considering a complaint
Information on the procedure for filing and considering a complaint is posted on information boards in places where public services are provided, on the website of the authorized body, on the Single Portal, Services Portal, and can also be communicated to the applicant orally and (or) in writing.
List of regulatory legal acts regulating the procedure for pre-trial (out-of-court) appeal against decisions and actions (inaction) of the authorized body, as well as its officials
The procedure for pre-trial (out-of-court) appeals against decisions and actions (inaction) of the body providing the public service, as well as its officials, is regulated by Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services” and the Decree of the Government of the Russian Federation of August 16 .2012 No. 840 “On the procedure for filing and considering complaints against decisions and actions (inaction) of federal executive bodies and their officials, federal civil servants, officials of state non-budgetary funds of the Russian Federation, state corporations vested in accordance with federal laws with powers to provision of public services in the established field of activity, and their officials, organizations provided for by Part 1.1 of Article 16 of the Federal Law "On the organization of the provision of state and municipal services", and their employees, as well as multifunctional centers for the provision of I am state and municipal services and their employees”.
Obtaining technical means of rehabilitation - Pro Palliative
Who provides the technical means of rehabilitation?
Where to start?
Who can represent a person with a disability?
Providing TCP: how does it work?
What if the TCP is not provided?
How do I get reimbursed for a TSR or repair service
How is the amount of compensation determined?
What to do if the TCP is broken?
In the previous webinar Anna Povalikhina, legal adviser of the Help for Children program of the Vera Charitable Hospice Fund, talked about what technical means of rehabilitation (RTM) are and how to include them in an individual rehabilitation program or habilitation (IPRA). In this article, prepared on the basis of the second webinar, we will analyze how to get TCP.
Technical means of rehabilitation (RTD) - these are technical devices designed to compensate or eliminate persistent limitations in the life of a disabled person.
TSRs include wheelchairs, anti-decubitus mattresses, dentures, walkers, diapers, and more. A complete list of technical means of rehabilitation that can be obtained at the expense of the federal budget, as well as indications and contraindications for providing them, can be found here.
Who provides technical means of rehabilitation?
Sources through which the disabled person is provided with technical means of rehabilitation:
budget of the constituent entity of the Russian Federation,
Also those means of rehabilitation that are not included in the list and are not provided at the expense of these budgets can also be included in the IPRA. Their disabled person or his legal representative acquires at his own expense or from sources not prohibited by law, for example, at the expense of funds raised by a charitable foundation.
For each source there are regulations that govern the procedure for providing TCP, and its responsible executor. Technical means of rehabilitation provided according to the federal list and at the expense of the federal budget are provided by the Social Insurance Fund (SIF) or the executive authority of the constituent entity of the Russian Federation that has the authority to provide TMR (the social security authority of the constituent entity of the Russian Federation). For example, in Moscow, TMR is provided through the "Resource Center for the Disabled" of the Department of Labor and Social Protection of the Population of the City of Moscow. But in most subjects, these powers belong to the Social Insurance Fund. Therefore, in this article we will talk about it.
If in your constituent entity of the Russian Federation the authority to provide TMR is vested in the executive authority in the field of social protection of the population, then all appeals should be sent there. It can be called differently: department, ministry or department of social protection of the population.
TMR provided by from the budget of the subject of the Russian Federation should be included in the regional list, if any. In some regions, they are adopted and operate. In some, no. If there is such a list, then you need to contact the social security authority at the place of residence.
There is also a separate list of goods and services intended for social adaptation and integration of children with disabilities into society, which are provided at the expense of maternity capital . This was discussed in detail in the article.
In this article, we will consider the procedure for obtaining technical means of rehabilitation, which are included in the federal list in accordance with the Order of the Ministry of Labor and Social Protection of the Russian Federation dated 05.03.2021 No. 106n "On approval of the list of indications and contraindications for providing disabled people with technical means of rehabilitation"
The procedure for granting TMR according to the federal list was approved by Decree of the Government of the Russian Federation dated April 7, 2008 N 240 “On the procedure for providing disabled persons with technical means of rehabilitation and certain categories of citizens from among veterans with prostheses (except for dentures), prosthetic and orthopedic products”.
According to this procedure, it is provided:
provision of TMR in kind,
provision of services for the repair and replacement of previously provided TSR,
provision of a voucher for free travel documents for travel to the location of the organization where the disabled person receives TSR,
payment for the accommodation of the disabled person (and, if necessary, and accompanying person) if the preparation of the TSR takes some time,
payment of compensation for expenses for self-paid travel.
Where to start?
It all starts with the submission of an application to the territorial branch of the Social Insurance Fund (the application form can be downloaded at the end of the article) - "state institution regional branch of the Social Insurance Fund."
From December 19, 2020, the receipt of TMR is not tied to the place of permanent residence of a person. You can get them at the place of actual stay. These changes were made to Article 11.1 of the Federal Law "On Social Protection of the Disabled".
From October 13, 2021, citizens with disabilities can submit an application and a full package of documents for receiving technical means of rehabilitation and other support measures through the personal account of the federal state information system "Unified portal of state and municipal services (functions)".
These changes were made by Decree of the Government of the Russian Federation dated September 30, 2021 N 1651
In accordance with the procedure for providing disabled people with TSW, the application is considered within 15 days. After that, the disabled person or his representative must receive a written notice of registration.
If a disabled person needs palliative care (and has a corresponding mark in the IPR), the application is considered within 7 days.
Who can represent a disabled person?
A disabled child is represented by a parent or guardian.
Interests of an adult disabled person recognized as incompetent by a court - guardian.
Interests of an adult capable disabled person who cannot represent his own interests - a representative who has a power of attorney issued by a notary to represent the interests of a disabled person in the Social Insurance Fund of the Russian Federation.
Providing TCP: how does it work?
After registering a person who needs technical means of rehabilitation, he must be provided with them. How quickly this happens depends on whether a particular FSS body has a contract for the supply of this TSR.
If the state contract is concluded, , then, together with the notice of registration, the disabled person is handed over (or sent by mail) a referral to receive the TSR or to manufacture it. If these are mass-produced products (for example, diapers or anti-decubitus mattresses), then, as a rule, they have open government contracts, and then the guarantee period is 30 days.
If the patient is in need of palliative care (and this is noted in the IPRA), he must be provided with a mass-produced product within 7 days.
If the product is made individually (e.g. corsets), the warranty period is 60 days.
If there is no valid contract , or it is necessary to make an individual purchase (as happens, for example, with wheelchairs for which individual parameters are prescribed), then the public procurement procedure is initiated. This path is quite complex, and without knowing its order, it is difficult for people to achieve fast TMR.
When there is no open contract, a notice of the purchase of TSR must be posted on the website of the Unified Information System (UIS) in the field of public procurement no later than 30 days from the date of application to the social insurance fund.
How to draw up an individual rehabilitation or habilitation program and make changes to it? Anna Povalikhina, legal adviser of the "Help for Children" program of the Vera Foundation, says
You can find out if the notice is posted on the EIS website by typing the name of the product in the search box. If you can’t figure out the site, you can submit a request to the head of the state institution of the regional branch of the FSS for your subject. How to do it?
Go to the website of the Social Insurance Fund https://fss.ru/,
At the bottom right there is a section "Regional branches" - find your subject, follow the link, and you will see the full name and contacts of the branch manager,
Send an appeal at this address.
Please explain the time frame for the notice of the procurement (name of a specific TSR) to be posted to provide for me (my child / person whose interests I represent by proxy (a copy is attached)) in accordance with IPRA dated "___" _____ 20__ No. ___. Please answer in writing.
However, it happens that a notice of purchase has been placed, but the purchase did not take place for some reason, and the re-placement is delayed. Then you need to file a complaint addressed to the head of the regional branch of the FSS. If after that the problem is not resolved, send a complaint to the prosecutor's office and the ministry / department of the region in the field of social protection of the population (the complaint form to the prosecutor's office can be downloaded at the end of the article).
Suppose everything went well: the notice was posted, the auction took place, the contract was concluded. At within 7 days from the date of conclusion of the TCP contract, a referral to receive it must be issued or sent.
If a referral for obtaining or making TSR is issued to an organization that needs to be reached by transport, the disabled person must be issued:
obtaining travel documents for travel by road, air, water transport.
Either travel expenses must be reimbursed.
To receive compensation, you must submit an application and documents confirming the payment of travel to the FSS. The money must be paid within one month from the date of the decision to pay compensation.
What to do if TMR is not provided
The first thing to do is to write a statement addressed to the head of the territorial body of the FSS: it is he who is authorized to answer on this issue.
In the header of the application, write your full name, contact details and address. The text must indicate who, in fact, the applicant. For example: I, full name, am the legal representative / representative by proxy / guardian (indicate who and attach a copy of the power of attorney / copy of the decision on the appointment of guardianship).
Further indicate that in accordance with the IPRA dated "___" _____ 20__. No. ___ you or the disabled person whose interests you represent must be provided with technical means of rehabilitation (write what means are needed). Be sure to indicate the date of submission of the application to the FSS for the provision of TSR. In the application, ask for assistance in getting it delivered as soon as possible and explain the timing of when this will happen.
For instructions on how to apply, see the Patient Rights section of the About Palliative Portal . It explains in detail how to properly file a complaint in order to receive a written response.
What to do if they didn’t answer you at all, they answered without specifying the deadlines for the provision, or the deadline was indicated, but it passed and nothing was fulfilled, and by phone they promise you something incomprehensible?
This situation is the basis for applying to the prosecutor's office. Indeed, in this case, federal legislation, specific norms of federal law and government decrees have been violated, and the prosecutor's office is exactly the body whose main function is to monitor compliance with the law and, if necessary, conduct inspections and take prosecutorial response measures.
A complaint to the prosecutor's office should be as brief and to the point as possible. You should not express yourself emotionally, write how many times and to whom you called, and what exactly they answered you on the phone. Clearly indicate that you are complaining about a violation of the right of a person with a disability or a child with a disability to be provided with technical means of rehabilitation.
Directly under the heading, write this phrase in large letters to clearly emphasize the nature of your appeal. This is necessary so that he is not sent back to the FSS, but checked.
indicate that you represent either a child with a disability or represent an adult with a disability who is eligible for TSR (be sure to attach copies of supporting documents),
attach a copy of the IPRA,
indicate the filing date statements and how much time has passed,
attach a copy of the answer to the complaint, if you wrote an appeal to the FSS and they answered you.
A complaint must be filed in accordance with the general procedure - the rules for filing complaints.
In addition, you have the right to immediately apply to court with a request to oblige the regional branch of the Social Insurance Fund to provide for a disabled or disabled child TSW. In some cases, the Prosecutor's Office itself may apply to the court. In accordance with the Civil Procedure Code of the Russian Federation, the prosecutor has the authority to protect the interests of a disabled person or a disabled child who finds it difficult to go to court himself.
Example: A disabled child from Bashkiria needed a wheelchair according to individual parameters. These parameters were entered into the IPRA (it is the parameters that are entered into the IPRA, and not a specific brand of product). On June 1, the child's mother wrote an application to the FSS with a request to provide a wheelchair. A month has passed. Mom was promised, but not given any specific information about the purchase of TSR. Then she filed an application addressed to the head of the regional branch of the FSS with a request to urgently provide a child with a disability for TSW and explain the time frame when this will be done. In response, she received an indistinct reply (not based on the law, which, unfortunately, is not uncommon) that the stroller is expensive and additional approval is allegedly required.
Then my mother filed a complaint with the prosecutor's office. After that, the FSS sent another answer. This time, both to my mother and the prosecutor's office - the answer again contained arguments that the prosecutor's office did not consider weighty. The prosecutor identified violations and filed a lawsuit in court in defense of the rights of a disabled child with a requirement for the FSS to provide the child with a wheelchair. On December 25, the family finally received the right stroller.
When receiving technical means of rehabilitation, be sure to carefully read the act before signing it. Keep all ever signed acts. This will help avoid problems in case of an error or lack of TCP.
How to get compensation for TSR or for the service of its repair
TSR compensation is due if:
the prescribed TSR cannot be provided to the disabled person,
the disabled person purchased the TSR or paid for the service at his own expense,
the disabled person paid for the TSR repair service at his own expense.
To receive reimbursement, you must keep all checks received for self-paying TCP.
Checks must be dated later than the effective date of the IPRA. That is, if the IPRA was received on July 1, and the TSR was purchased in June, then, unfortunately, compensation for it cannot be received.
If you purchased a technical rehabilitation device at your own expense and want to receive compensation for it, you need an application for reimbursement of expenses for the purchase of TSR to the authorized body. This can be done either by the disabled person himself, or by a person representing his interests.
From November 8, 2021, people with disabilities can submit an application and a full package of documents for compensation through the personal account of the federal state information system "Unified portal of state and municipal services (functions)".
In this case, the presentation of identity documents is not required. Only electronic images of documents confirming the expenses for self-acquisition of TSR, as well as information about the place of stay (actual residence) of the disabled person are submitted.
All these applications and documents must be signed with a simple electronic signature or, if technically possible, enhanced with an unqualified electronic signature of the disabled person or a person representing his/her interests.
These changes were made to the Procedure for paying compensation for a technical means of rehabilitation independently purchased by a disabled person and (or) a service provided by Order of the Ministry of Labor and Social Protection of the Russian Federation of October 8, 2021 N 693n.
Example: The mother of a disabled child has not received absorbent underwear (diapers) for three months. She did not file a complaint immediately, but after another three months. In it, she asked to give out everything that was not given. And got rejected. Unfortunately justified. According to the Letter of the Ministry of Labor of the Russian Federation No. 13-3 / 10 / V-4473 dated 06.24.2015 on the procedure for providing disabled people with technical means of rehabilitation, in terms of providing absorbent underwear, diapers and special means to disabled people in case of violation of the excretion function - for the previous period, absorbent underwear did not is issued because these are disposable technical means of rehabilitation. If mom collected checks for diapers, which she bought at her own expense, she would be reimbursed for the costs.
Absorbent underwear for adults: selection and use rules In fact, apart from classic diapers, there are many other types of absorbent products - for people of different degrees of mobility and for different degrees of urinary incontinence
How is the amount of compensation determined?
The amount of compensation is determined based on the results of the last purchase, information about which is posted on the website of the Social Insurance Fund. The last procedure is considered to be a completed procedure for a specific subject of the federation.
On the FSS website, go to the section Compensation for self-acquired technical rehabilitation equipment by disabled people . Information on the latest purchases of each of the constituent entities of the Russian Federation is published there. By the name of the TSR, you can find out its cost and, accordingly, the amount of compensation.
If the purchase of the required TSR did not take place in a specific subject of the Russian Federation, or it was not purchased at all, its cost is determined by the results of the latest purchase of this TSR in the territory of the federal district. If there was no purchase in the district, it was on the territory of the Russian Federation.
Unfortunately, people often purchase TMR on their own at a price that exceeds the amount of possible compensation. This is due to the fact that purchase prices are less than retail prices. In addition, not always the best technical means of rehabilitation are purchased centrally. For these reasons, it is not always possible to fully compensate for the costs of TCP.
If the payment of compensation is required by law, but there was a problem with it, the procedure for applying is the same as for applying for TSR. First, you should send a complaint to the head of the Social Insurance Fund. In it, indicate that you do not agree with the amount of compensation or that you have not been paid it. If the response you receive does not suit you, you can appeal it by writing a complaint to the prosecutor's office. The prosecutor's office will conduct an audit, establish whether everything has been carried out in accordance with the law. There were cases when the regional branch of the FSS was held liable for the delay in payment of compensation.
Technical means of rehabilitation are provided free of charge, free of charge. Technical equipment issued to disabled people is not subject to surrender!
In accordance with Decree of the Government of the Russian Federation of April 7, 2008 N 240 “On the procedure for providing disabled persons with technical means of rehabilitation and certain categories of citizens from among veterans with prostheses (except for dentures), prosthetic and orthopedic products”, TSR is not subject to alienation. The legislation does not allow the sale or transfer of TSR to third parties, since it is provided to a specific person with a disability.
What to do if the TCP is broken?
Each region has a commission that conducts medical and technical expertise (MTC). Within 15 days from the date of receipt of the application for the need for repair, the commission must conduct an expert assessment, that is, check the operability of the product and make a conclusion that the repair is really needed, or that the repair is impossible, and the TCP must be replaced. In this case, the TSR will be repaired or a new one will be issued instead.
A disabled person or his legal representative can repair the TSR at his own expense. But these funds are compensated only if, before the repair, a conclusion was received from the Ministry of Transport and Communications about the need for it. In this case, the FSS pays compensation.
Replacement of the TCP
Replacement of the technical means of rehabilitation is carried out in the following cases:
TCP is broken and cannot be repaired;
The disabled person can no longer use TCP. For example, there are contraindications or a disabled child has grown and needs a larger wheelchair (or other TSR).
To replace the TSR before the expiration of the established period of use, you must obtain a conclusion of a medical and technical examination.
Starting June 13, 2020, the procedure for replacing the TCP will become easier. Now, in order to receive new electric wheelchairs and a device for the lower limbs and torso (orthosis), it will not be necessary to submit them for medical and technical examination after the expiration of their service life. New products will be issued without additional checks. This procedure was approved by the Order of the Ministry of Labor and Social Protection of the Russian Federation dated 29.04.2020 No. 227n.
Keep all documents: checks, acts, copies of applications, complaints and answers to them.
Do not expect that if a problem arises (underdelivery of TSR, delay in providing TSR, non-payment of due reimbursement of expenses, etc.) everything will be resolved by itself. In the event of a problem, please contact the authorities immediately.
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