What can I do about being declined for a disability grant even though I suffer from multiple ailments and am in constant pain?

The long answer

The Western Cape government website says that you can get a disability grant if you meet the legal requirements and if the medical assessment confirms that you cannot work because of your condition or disability. If you are unable to work for longer than six months due to a physical or mental disability, or if you’re permanently unable to work, you can apply to SASSA for a disability grant. You need to bring a medical report and a functional assessment report by a doctor recognised by SASSA, not older than three months, but in the end, it is SASSA and not the doctor that makes the decision.

A 2017 article by GroundUp on what conditions qualify for a disability grant, says that just being diagnosed with a condition like hypertension, diabetes or HIV does not mean that you automatically qualify for a grant. To qualify, you must have a diagnosed medical condition that reduces your ability to function in your everyday life and to get work. The article advises that you bring all your referrals and medical records with you when you visit the doctor for assessment. It also gives a list of conditions that do not qualify for a disability grant. These are:

• If you are HIV-positive but are healthy and stable on your medication

• High blood pressure, well-controlled diabetes or asthma

• Aches and pains in your back, limbs, joints, or the rest of your body or chronic tiredness that is not associated with a medical diagnosis.

• Mild to moderate wasting of your arms and legs that does not stop you from moving around

• Gout, osteoarthritis, or rheumatoid arthritis that is well controlled and that does not stop you from doing your daily tasks

• Old healed fractures or injuries that do not stop you from doing your daily tasks

It may be that the assessing doctor thinks that the medicines you take for your condition are sufficient to enable you to function in your everyday life.

It is also the case that as a 2018 article on the Development Pathway website on social protection and disability points out, many of the medical doctors doing the assessments do not have “adequate training or capacity to undertake assessments to the required standard.” They point out that the doctors doing the assessments are employed by the state, and they only receive administrative training from SASSA staff, which does not teach the doctors how to undertake assessments. As a result, these doctors may each be using their own criteria to make assessments and reach decisions. 

However, it says that the Western Cape has developed its own version of the disability assessment system which is undertaken in collaboration with health facilities. As a result, the assessors are able to access the medical records of the applicants, as long as they have been treated within the local health facility.

The Western Cape government website says that if your application isn’t approved, you must be given valid reasons in writing for why it was declined. You have the right to ask SASSA to reconsider your application. You can also appeal to the Minister of Social Development in writing, explaining why you disagree. This appeal must be lodged within 90 days of you being informed that your application has been declined.

You could also ask an organisation like the Black Sash for advice and assistance. These are their contact details:

• email: help@blacksash.org.za
• Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865

Wishing you the best,
Athalie