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

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.

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.

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?

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?

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. 

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.)