THE Jamaica Council for Persons with Disabilities (JCPD) is reminding the public that it does not have the authority to independently determine or diagnose whether a person has a disability.

The council says disabilities must first be named and certified by a medical professional or other appropriately licensed expert before an application for approval or registration with the council can be approved.

The reminder comes against the backdrop of reports from individuals who believe they’ve been denied access to the JCPD’s registry because the council could not identify their disability and where it falls on its list of disabilities.

Adrienne Pinnock, manager for corporate communications and public relations at the JCPD, clarified that all disabilities must be named by a field expert and not a member of the council or the individual seeking to be registered.

She explained that the registration process has two main elements, the medical eligibility form and the person information form, both of which must be completed and submitted by the relevant personnel.

“Once those things are in place, your documentation is authentic, your identification information is authentic, and the disability is named, then that application translates into confirmation to the registry…but what is most important is that an impairment, permanent in its state, is verified by a licensed practitioner; that is what enables conversion to the registry. The JCPD, in practice and in principle, does not have the authority to dictate or to say whether an individual has a disability or not,” said Pinnock.

“It’s the licensed practitioner of the area that is the only person who has the skills and the authority to name and verify said disability, even for disabilities that are visible,” she told the Jamaica Observer.

Pointing to the Disabilities Act, she said the definition of a disability speaks to “an individual having any long-term physical, mental or sensory impairment that may hinder his or her full and effective participation in society on an equal basis with others”.

She said while the Act categorises certain impairments such as physical disabilities, medical conditions that may result in varying permanent disabilities and are named by a medial practitioner can be approved, for example, if a diabetic patient has his or her leg amputated. She further explained that intellectual disabilities as well as mental illnesses and sensory issues must be named by the relevant experts on applications to the council.

“It is never the correct posture to take to say this particular thing is a disability and this is not. There are some disabilities that are not so clear cut, but the assessment will provide the opportunity for the practitioner to indicate that an impairment exists or an impairment doesn’t exist. Practitioners are critical because they are the only source of naming the disability,” said Pinnock.

“…For example, a teacher may identify that a student is performing below grade level or below their chronological age and will recommend that the parent go and get the child or the individual assessed. When the individual is assessed, that is when it is determined whether or not an intellectual disability exists, because there are several factors that may contribute to low performance.

“You have something called late blooming, so there may not be a permanent or long-term impairment, because if the child gets some additional support, some extra classes, you’ll find that the performance improves, so we are not looking at an intellectual disability, but possibly trauma or late blooming. The shorter answer to my long explanation is that an assessment is critical, whether by the medical practitioners or, in case of intellectual disability, a psycho-educational assessor,” she told the Sunday Observer.

Pinnock further noted that the Disabilities Act does not apply to possible future or temporary impairments.

“The Disabilities Act instructs us to admit the applicant to the registry when the impairment is present, so if you are diagnosed with diabetes today, but an impairment is not present, a disability would not have been named, and such an application would not be admitted to the registry. Once a permanent impairment is present, then those applications are converted to registrar,” said Pinnock.

“…We are not yet at a place for the consideration of temporary disabilities, so somebody who has a broken limb, the limb may have gone into a cast and the person is now using a crutch — that individual is temporarily disabled because after the cast is removed, the function will return,” she explained.

Pinnock said cases in which individuals feel they were unjustly denied access to the JCPD registry, they can appeal the decision through the council.

She added that the Act is currently being reviewed and recommendations are welcomed to see how it can be improved to better serve Jamaicans.

In the meantime, Pinnock urged individuals with a disability to apply to the council so they can be registered. Applications can be collected and submitted at all Ministry of Labour and Social Security departments islandwide as well as online through the ministry’s ‘I Am Able my JCPD’ platform available at www.jcpd.gov.jm.