'Court of Appeal': Cancels General Authority for Persons with Disabilities' Decision to Change Citizen's Disability Classification

Abdul Karim Ahmad: The Administrative Division of the Court of Appeal upheld a ruling annulling the decision of the Public Authority for Persons with Disabilities regarding the reclassification of a Kuwaiti woman’s status, and disregarded her severe and permanent physical disability, which had been documented in previous medical certificates, along with all legal consequences thereof.

The woman’s guardian had appealed the Authority’s decision, asserting that his daughter has suffered from a severe and permanent physical disability since birth, and that her condition has not improved to justify changing her classification; rather, it has worsened, and she underwent open-heart surgery.

The primary court ruled to annul the decision, considering that the acquired legal status regarding the type and degree of disability remains valid as long as the condition persists and its cessation or improvement has not been proven, or unless the previous classification was issued as a result of fraud or deception.

The Authority appealed the ruling, citing the competence of the Technical Medical Committee to reassess disability cases. However, the Court of Appeal rejected its appeal, emphasizing that the Committee’s authority in technical matters is not absolute and that its decisions are subject to judicial review, especially since the case file contained no evidence proving the cessation of the disability or improvement in the patient’s condition.

For his part, lawyer Jaraah Al-Malek stated that the ruling underscores the necessity of respecting acquired rights and legal statuses, and of not undermining them through administrative decisions that lack solid medical or legal justification.