Riforma Legge 104: Come e Dove Riceverai la Convocazione Aggiornata!

La recente riforma sulla disabilità, stabilita dal Decreto Legislativo n. 62/2024, ha apportato modifiche significative nei diritti e nelle protezioni per le persone disabili. Queste novità sono attualmente in fase di sperimentazione in 20 province italiane e si prevede un’estensione a 40 ulteriori province entro marzo 2026. L’implementazione su scala nazionale è prevista per il 1° gennaio 2027. L’obiettivo è semplificare e rendere più diretto un processo che, in passato, è stato percepito come complicato e segmentato. Al centro di questa riforma vi è il nuovo metodo di valutazione della disabilità, in particolare, il modo in cui viene avviata questa procedura.

Il nuovo percorso di accertamento 104

Prior to the reform, the assessment process for disability status (known as “104”) involved several separate steps: a certifying doctor, such as a family physician, would send a digital certificate to INPS (the Italian National Social Security Institute) stating the individual’s health condition.

In the past, this initial submission did not automatically trigger any action: a specific application had to be submitted to INPS to request the assessment. Only then would an appointment for an examination be scheduled, sometimes after considerable delays.

With the reform, the starting point changes entirely. The focus is now on the “introductory medical certificate.” Sending this document not only serves as a preliminary step but also acts as a formal request to initiate the procedure with INPS.

In other words, this single act sets the entire process in motion. Once the introductory medical certificate is received, the procedure can proceed without the need for any additional separate application.

Appointment scheduling for the examination

After the procedure is activated, the next step is the appointment for the assessment examination.

Notification for the initial assessment is sent by registered mail with return receipt. The letter specifies the date, time, and place of the appointment. It also reminds the recipient to bring a valid ID on the specified day.

The appointment notification also includes practical information on how to reschedule if the individual is unable to attend. In contrast, unexcused absences are treated as a waiver of the assessment, with immediate implications for the progress of the case.

Besides the registered letter, details of the appointment (date, time, and location) can be accessed through the “Disability Portal,” where the individual can check the main information related to the procedure.

The assessment 104 becomes unified

The reform introduces another key element: the basic evaluation assessment becomes a single, comprehensive procedure managed by INPS. Previously, different conditions and recognitions might require separate processes, risking repeated visits, multiple document submissions, and parallel procedures.

In the new model, the disability status is determined through a single assessment process that simultaneously covers various areas.

The basic evaluation now includes support and intensive support levels related to disability legislation (referring to Law 5 February 1992, n. 104), civil disability, civil blindness, civil deafness, aspects related to Law 12 March 1999, n. 68 (on targeted employment), and also the educational inclusion provisions from Legislative Decree 12 April 2017, n. 66. Currently, while awaiting the implementing decrees connected with the experiment, the assessment is conducted for all conditions, indicating that a unified approach is already the operational horizon of the new system.

Outcome of the 104 assessment

The outcome of the 104 assessment no longer results in multiple separate reports, but in a single document: the “certificate attesting to the disability condition” (replacing the old report).

This certificate is comprehensive and summarizes all assessments prescribed by current legislation. It includes, among others, provisions related to Law n. 104/1992, Law 11 February 1980, n. 18, Law 21 November 1988, n. 508, Law 11 October 1990, n. 289, Law 27 May 1970, n. 382, Law 3 April 2001, n. 138, Law 26 May 1970, n. 381, Law 24 June 2010, n. 107, Law n. 68/1999, and Legislative Decree n. 66/2017, in accordance with Articles 5 and 13 of Legislative Decree n. 62/2024.

In summary, the reform aims to reduce duplicated steps and concentrate both the initiation and the evaluation in a single procedure, leading to the issuance of a comprehensive final certificate. This change, in terms of timing and methods, redesigns access to the system of recognition and protections related to disability, creating a more direct and less fragmented pathway.

In conclusion

• The disability reform is introduced by Legislative Decree 62/2024 with gradual national application.
• The 104 (disability) assessment begins with the mere sending of the introductory medical certificate.
• This medical certificate automatically serves as the official request to INPS.
• The appointment for the examination is sent by registered mail and can be consulted on the Disability Portal.
• The basic evaluation is unique and includes all conditions and benefits provided for.
• The final outcome is a single certificate that summarizes each regulatory assessment.