Does having Asperger's mean you're classed as Disabled?

Hello

New member here -

I was diagnosed with Asperger's a few years ago, aged 22 or 23.

I have  a question for you all.

Whilst trying to get a referral to Speech Therapy via Adult Social Care, I was told that having Asperger's is not considered a disability, but a learning difficulty.

What are your views on this?

  • I would agree with the right to call yourself disabled or not, however legally  Asperger’s almost always meets the definition of disability. For example, I wouldn’t personally call myself disabled, but in my Employment Tribunal case I was classed as disabled under the Law.

  • My view is that it is up to you whether it is a disability or not. I also reserve the right to call myself disabled or not to call myself disabled depending on the situation.

  • These are two extracts from NAS' web page 'What is Asperger Syndrome?' (http://www.autism.org.uk/about/what-is/asperger.aspx):

    Like other autism profiles, Asperger syndrome is a lifelong developmental disability that affects how people perceive the world and interact with others.

    People with Asperger syndrome are of average or above average intelligence. They do not usually have the learning disabilities that many autistic people have, but they may have specific learning difficulties. They have fewer problems with speech but may still have difficulties with understanding and processing language.

    According to the Research Autism website (http://www.researchautism.net/autism/types-of-autism/asperger-syndrome):

    Asperger syndrome is a form of autism characterised by normal or above average intelligence.

    This is from the gov.uk website (https://www.gov.uk/definition-of-disability-under-equality-act-2010):

    You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

    Asperger's is not listed as an exclusion from the definition (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf). And from the same document:

    A man has Asperger’s syndrome, a form of autism. He finds it hard to understand non-verbal communications such as facial expressions, and non-factual communication such as jokes. He takes everything that is said very literally. He is given verbal instructions during office banter with his manager, but his ability to understand the instruction is impaired because he is unable to isolate the instruction from the social conversation.

    This has a substantial adverse effect on his ability to carry out normal day-to-day communication.

  • Medically it's a disorder, not a learning difficulty and anyone in a professional capacity who claims it's a learning difficulty needs to look at their textbooks. Some of the outcomes of ASD/Asperger's can be classed as a disability, but from reading the guidelines it isn't in itself a disability.

    I personally don't see my Asperger's as a disability, it's part of who I am and I acknowledge that it has and continues to hold me back in some ways, but I wouldn't say I'm disabled because of it, although I suspect you'll find an equal number of people on the other side of the fence.

  • Legally yes. They are using wordplay to deny you a service you are entitled to. A learning difficulty is also terminology that is no longer officially used. It is called a learning disability. So what they are telling you is what they class as a learning disability isn't a disability! Aspergers isn't a learning disability by definition, it can have symptoms which can cause learning disabilities. So they are also saying you have a disability that causes another disability. Sorry if I come a cross a little confusing but their tactics are a bit silly!

    https://planetautismblog.wordpress.com/2015/02/01/aspergers-and-high-functioning-autism-a-disability-in-law/

    That link explains things. It's a little complicated but it explains in the long term that Aspergers is a disability. If it has been diagnosed it has an effect on your everyday functioning.

    I just mentioned it in another thread but they are breaking section 29 of the 2010 Equalities act by denying you a service. Frankly the way they are using wordplay is infantile and unprofessional. 

  • My view on this is that Asperger's is a disability in the technical sense, it is also autism, and a learning difficulty. While we are generally considered above average intelligence, that's based on an NT view of what intelligence should cover and does not consider the delayed social and non-verbal communication which are just assumed to be there.I tend to think of it as the brain using the spare capacity from the delay is over developing in other areas and senses.

    Random, the report from your diagnosis (assuming it is nhs) should be enough proof that you have a diagnosis for Autism. 

  • Well that’s quite categorical - you do meet their criteria as you have autism (and the learning disability part need not come into it as they used the word ‘or’). Unless they suddenly change their criteria, they really have no argument not to deal with you.

    I would politely request them to action your referral (in writing so you have a record) and set out why you meet their criteria i.e.they work with adults with a diagnosis of autism and this is a category that you are in.

  • I would assume so, yes.

    The email they sent me said:

    "We work with adults with a diagnosis of learning disability or autism in [I've removed this bit]. If you meet this criteria and have a [removed] GP then you can self refer to us. We usually ask for individuals to contact via telephone but as you have stated you have difficulties with this we can arrange an alternative. 

    If you do not have a diagnosis of a learning disability or autism, then you would not meet our criteria and would need to contact the Adult Speech and Language Therapy service. They are based at the [removed]."
  • I see. Well I would say that your Asperger’s is a disability, just not a learning disability.

    Could you ask if they would make the type of referral you want due to disability of any sort?

  • In order to self-refer the local authority in my area require that the person has a disability. I am trying to go via this route to see if I can be offered a more 'intense' type of speech therapy.

    Otherwise it is a case of having to be referred by my GP (which I have been before, but I found that I only saw a speech therapist every few weeks.)

  • Ah, I didn’t realise you were referring to learning disability, as opposed to disability in general. I would say that Asperger’s isn’t a learning disability because that generally implies intellectual disability e.g. this is a definition of learning disability from Mencap:

    ‘A learning disability is a reduced intellectual ability and difficulty with everyday activities.’

    But why do you need a learning disability for a referral to speech therapy anyway?

  • Thank you for your response. Neither had I until yesterday when I was told that my referral would not be actioned as their "learning disability nurse" said that "Asperger’s could be considered a learning difficulty but not a learning disability."

    It looks like it's now going to be a case of having to argue with their 'professional' as to what a disability actually is.

  • Well in order to meet the diagnostic criteria for Asperger’s, the likehood is that your symptoms meet the legal definition of disability (mine certainly did):

    Section 6 Equality Act 2010:

    ‘(1)A person (P) has a disability if—
    (a)P has a physical or mental impairment, and
    (b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.’

    As for a learning difficulty, the definition is:

    ‘Difficulties in acquiring knowledge and skills to the normal level expected of those of the same age, especially because of mental disability or cognitive disorder.’

    As Aspies have normal or above average intelligence and don’t usually have learning delays, I would say that describing Asperger’s as a learning difficulty is incorrect. I’ve never personally heard of it being described as a learning difficulty previously.