Medical details 'not to be given to disabled'

By Adrienne Carlisle

GRAHAMSTOWN -- A directive has been issued to social security district offices and district surgeons telling them not to release details of medical findings to disability grant applicants as it enabled them to use the information in affidavits, presumably against the Welfare Department.

The directive, leaked to the Daily Dispatch, advises that: "Under no circumstances must it (completed medical form) be given to the applicants, as they study it and quote percentages in affidavits to the police and attorneys."

Local Legal Resources Centre director Mark Euijen criticised the directive as illegal and unconstitutional.

He said it was in "direct violation" of the Constitution, which states that everyone has the right of access to any information held by the state which is required for the exercise or the protection of a right such as the right to a pension.

"This denies people the right to ascertain their degree of disability and keeps them in the dark about whether or not their grant was fairly refused or cancelled."

Mr Euijen added that the directive contributed to administrative inefficiency by advising applicants who had been refused a disability grant to reapply.

"By doing so, they refer people who have been refused a grant for a legitimate reason to reapply, which clogs up the system and prevents legitimate applicants from being quickly processed."

He said people who were refused should be given full reasons so that they could ascertain whether or not they had grounds for a proper appeal.

The directive also advises that "in order to prevent cases going to court", the provincial medical officer would meet only those applicants who "clearly qualify for a grant" but have been rejected.

Provincial medical officer Dr Johan Fryer denied that the directive was intended to deny people their constitutional rights.

"On the contrary. People may peruse the medical forms in the office. We just don't want them to leave the office with the medical forms as it slows things down."

He said the directive was aimed purely at speeding up the system.

But Mr Euijen disagrees: "You can't improve administrative efficiency by keeping people in the dark.