Medical Disability Rate VS. Degree of Incapacity – What is the Difference
If you have ever tried to apply for a government entitlement as a person with disabilities in Israel, you have probably encountered the confusing technical terms medical disability rate vs. degree of incapacity. You probably asked yourself what is the difference between the two terms? Are they synonyms or two different things?
Are you a resident of Israel who suffers from a physical, mental, or cognitive disability? If so, it is important that you understand the difference between these two terms, because that will help you understand the approval process for all the entitlements you need and deserve. By having a better understanding of these terms, you should be able to navigate the approval and appeal processes more successfully.
The following article explains the difference between the technical terms “medical disability rate” and “degree of incapacity” in Israeli disability law.
Medical disability rate VS. degree of incapacity
When applying to be recognized by the State as a person with a disability, you will probably encounter these two confusing terms. It is easy to mix up the terms “medical disability rate” and “degree of incapacity.” However, they in fact refer to two different measurements of the way your disabilities affect you. Following is a brief explanation of each term and its relevance to you.
Medical disability rate – what is it?
Your medical disability rate (shiur nechut refuit), also known as your disability percentage, measures the severity of the sum-total of all your medical conditions and disabilities (whether physical, mental, or cognitive). Your disability rate is calculated by a medical committee and it expresses the degree to which your medical disabilities inhibit your normal daily functioning. The rate of disability is expressed as a percentage between 0% and 100%.
Each of your chronic injuries, illnesses, and disabilities is represented by a particular disability percentage. (For example, mild chronic anemia which requires treatment but does not require blood transfusions is expressed as a 10% disability whereas severe chronic anemia which requires at least one blood transfusion a month is expressed as a 100% disability.)
Medical disability rate – how is it calculated?
A person’s total medical disability rate is calculated by taking into account all of one’s various medical disabilities. This includes all physical, mental, and cognitive impairments. However, the percentages are not added to each other in simple addition. Instead, the government uses a complicated calculation to arrive at the total disability percentage. (For example, do not be surprised when you find that a person who has three different disabilities, each with a 30% disability rate, will have a total disability rate of 66%, and not 90%.)
You will not be required to make the calculation on your own. Instead, it will be done for you by the National Insurance Institute (Bituach Leumi). However, if you would like to estimate your disability rate in advance, Bituach Leumi has a bespoke online calculator (in Hebrew) to assist you in the calculation and explain its underlying logic.
So what is the degree of incapacity?
The degree of incapacity (dargat i-kosher) is a different measurement entirely, but it is also expressed as a percentage. Its purpose is to determine to what degree your disabilities and medical conditions harm your capacity to earn a living, relative to your non-disabled peers. Therefore, whether or not you are entitled to a general disability pension, for example, is determined by your degree of incapacity, and not directly by your medical disability rate.
Your degree of incapacity is calculated by the National Insurance Institute. Note that it is based on your medical disability rate. However, it also takes into account other factors such as profession, education, job experience, etc. Therefore, your degree of incapacity is not only a reflection of the severity of your medical conditions. Rather, it expresses how those medical conditions interact with your socio-economic condition so as to make it difficult for you to earn a living.
Which percentage is more important?
Both your medical disability rate and your degree of incapacity are considered when determining exactly which entitlements apply to your particular case. Moreover, your degree of incapacity cannot be calculated without first determining your medical disability rate. Both are of great importance for a person with disabilities in Israel, but it is important to not confuse the two.
Additional articles of interest
You can find resources on our site related to issues like disability rate vs. degree of incapacity that will help you understand the process of being recognized as a person with disabilities. If you are a resident of Israel with disabilities, then you will find articles that may be of great use to you on our site. These articles detail the steps you need to take in order to access all of your rights: Disability Rights in Israel – A Summary, Applying for a Disability Pension in Israel, Qualifying for a Disability Card in Israel, Applying for an Accessible Parking Permit in Israel, and more.
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Our law offices specialize in liaising between private citizens and the Israeli authorities. Therefore, we have extensive experience with protecting the legal rights of private individuals. If this article leaves you with more questions on the disability rate vs. degree of incapacity, feel free to contact us. If you require legal advice or assistance regarding disability rights in Israel or any other legal topic, please contact our law offices, and we will be glad to assist you.
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