Is Aspergers Syndrome a disability as defined by Section 3 of Americans with Disabilities Act of 1990?

Question

How do I get diagnosed if it takes time to get diagnosed? I applied to Social Security and I needed to have a "mental" status exam . I had one last week and the guy said, "It looks like to me you are sufferiing from severe depression. We can't test you on Aspergers Syndrome, that would take too long."

Why did he say that? I thought that was why I was going to that exam. To see if I had it!??
What is going on? Should I let the EDD (California Employment Development Agency) know that I applied for SSDI? (I'm on unemployment now). I don't think will qualify for SSDI.

Additional Details

Thank you so very much for making me feel better BIC! Wow. You sure do know how to make friends don't you?

Thank you all others. I have been doing research on it and I already own The OASIS Guide AND the other book on Autism. I have the DMS-IV qualifications printed out as well. I just didn't know if it was considered as disablity in that act.

I would love to get a job in computers, I just don't have the schooling behind me yet. Unemployment probably won't care if I have the schooling complete!

I have no problem working-it's what feild I am in that creates the problem. Social work is NOT for me and yes, I was in Social Services before working with many many people. Not for me.

Chilis---thank you. I found that same information on the ADA website about 1 hour before I posted this question. But what does it mean by "the indivdual". All indivduals are different. Not one person with A.S. is the same!

Answer 1

Best Answer - Chosen by Asker

NO you do not tell EDD you have applied for anything. I lost unemployment due to pathological honesty and clarifying this sort of thing. Without insurance it may be impossible to get a diagnosis. It is costly and takes days of tests, interviews with parents or persons who knew you as a child and mostly, someone who knows how to diagnose. Goood Luuck!

You could do several online tests and take the results to SS person and appeal. Depression, especially BiPolar is usually easier to get SSDI for. Don't give up as no one gets approved the first time unless blind and multiple limbs lost. I know you would rather work, but you could do volunteer work after you get SSDI and try again when you feel more confident.

Autistic Strengths reviewed for the workplace:

At its best, autism can offer these strengths:
strong conceptualization skill
(able to mentally model complex systems, may develop instinctive understanding of the system from this internalized model)
logical thinking
(strong skills in technical research or computer programming)
exceptional memory
attention to detail
(can identify inconsistencies in processes or communications)
honest, straightforward
(can treat people fairly)
intense focus
willing and able to learn great depth of information in specific field
Autistic Weaknesses reviewed for the workplace

Even at its best, autism may still offer these weaknesses:
sensory sensitivities
need for sensory escapes or stimulations
slow to recognize people or objects
(persons with prosopagnosia would be bad at security duties)
slow to verbalize
slow to shift attention
(may need to avoid multiple responsibilities)
resists change to working procedures
unable/unwilling to navigate office politics
(may not recognize the need for hierarchical routing of communication, instead preferring direct communication with the person having information or decision authority)
unable/unwilling to recognize or generate deceptions ("lies"), or bad at doing so
unable/unwilling to comply with some social norms
(grooming style, clothing, desk neatness, phone protocol)
poor skill with extemporaneous speaking
poor understanding of metaphors
(or recognizing questions as rhetorical)

http://www.faaas.org/doc.php?25,31

Source(s):

Tests to document:
http://www.rdos.net/eng/
http://www.piepalace.ca/blog/asperger-te…
http://www.aspires-relationships.com/lin…
http://psyweb.com/
http://www.rogernmeyer.com/adult_acts_an…
check out this guy's Aspergers employment workbook while your here


employment related
http://www.auties.org/autiefriendly/list…
http://www.nlconcepts.com/autism-jobs.ht…
http://www.easterseals.com/site/PageServ…
http://www.ed.gov/about/offices/list/ose…
http://www.jan.wvu.edu/
especially check the accommodations by disability at JAN

Asker's Rating:

Asker's Comment:

Wow. Thanks! Those are more links than I can get to in a week. I love it! I started research on AS about 1 year ago and this can only help me with that research! (I also want to purchase that Aspergers employment workbook). Yes, I was told that I may have Bi-Polar by my old doctor. He denies AS.

Answer 2

get off your butt and get a job. stop looking for handouts. it's people like you that ruin it for people that truly need assistance.

Answer 3

http://search.conduit.com/ResultsExt.asp…

Answer 4

uh i suppose in some ways, because if you have aspergers you cant recognise emotions etc. i would read a bit more into it.

Answer 5

What Is Asperger Syndrome?
By Barbara L. Kirby
Founder of the OASIS Web site (www.aspergersyndrome.org)
Co-author of THE OASIS GUIDE TO ASPERGER SYNDROME (Crown, 2001, Revised 2005)
Asperger Syndrome or (Asperger's Disorder) is a neurobiological disorder named for a Viennese physician, Hans Asperger, who in 1944 published a paper which described a pattern of behaviors in several young boys who had normal intelligence and language development, but who also exhibited autistic-like behaviors and marked deficiencies in social and communication skills. In spite of the publication of his paper in the 1940's, it wasn't until 1994 that Asperger Syndrome was added to the DSM IV and only in the past few years has AS been recognized by professionals and parents.

Individuals with AS can exhibit a variety of characteristics and the disorder can range from mild to severe. Persons with AS show marked deficiencies in social skills, have difficulties with transitions or changes and prefer sameness. They often have obsessive routines and may be preoccupied with a particular subject of interest. They have a great deal of difficulty reading nonverbal cues (body language) and very often the individual with AS has difficulty determining proper body space. Often overly sensitive to sounds, tastes, smells, and sights, the person with AS may prefer soft clothing, certain foods, and be bothered by sounds or lights no one else seems to hear or see. It's important to remember that the person with AS perceives the world very differently. Therefore, many behaviors that seem odd or unusual are due to those neurological differences and not the result of intentional rudeness or bad behavior, and most certainly not the result of "improper parenting".

By definition, those with AS have a normal IQ and many individuals (although not all), exhibit exceptional skill or talent in a specific area. Because of their high degree of functionality and their naiveté, those with AS are often viewed as eccentric or odd and can easily become victims of teasing and bullying. While language development seems, on the surface, normal, individuals with AS often have deficits in pragmatics and prosody. Vocabularies may be extraordinarily rich and some children sound like "little professors." However, persons with AS can be extremely literal and have difficulty using language in a social context.

At this time there is a great deal of debate as to exactly where AS fits. It is presently described as an autism spectrum disorder and Uta Frith, in her book AUTISM AND ASPERGER'S SYNDROME, described AS individuals as "having a dash of Autism". Some professionals feel that AS is the same as High Functioning Autism, while others feel that it is better described as a Nonverbal Learning Disability. AS shares many of the characteristics of PDD-NOS (Pervasive Developmental Disorder; Not otherwise specified), HFA, and NLD and because it was virtually unknown until a few years ago, many individuals either received an incorrect diagnosis or remained undiagnosed. For example, it is not at all uncommon for a child who was initially diagnosed with ADD or ADHD be re-diagnosed with AS. In addition, some individuals who were originally diagnosed with HFA or PDD-NOS are now being given the AS diagnosis and many individuals have a dual diagnosis of Asperger Syndrome and High Functioning Autism.

For your information, I've included below a copy of the DSM IV Description. In addition, I've also added a more down-to-earth description that was originally posted to the autism listserv.
Hope that helps

Answer 6

The problem with Apergers' is that it's a catch-all, and can manifest in more than one way, some of which aren't truly disabling.

I'd probably be diagnosed with Aspergers' myself, and yet I've managed to have a career as a computer game programmer.

Find a way of interacting with the world that will make you money. It might not be a traditional job. You might be a great novelist, if you put your mind to it.

Answer 7

lets see if i can help you out here and don't worry about what bic said my nephew has it people who don't know about don't understand it i am sending you some websites that might be of help to you. i am one that is possible that i might have it. don't know.
and
bic let me tell you aspergers is real and its not looking for handout she is seeking help it is a classified disorder that she possible might have and doesn't want people like you to down grade her she is real and if she has it is a real disorder

Source(s):

http://books.google.com/books?id=UvNuLFW…
http://www.merrimack.edu/generator.php?i…
http://media.www.thejusticeonline.com/me…

Answer 8

There is no Section 3- if you mean title 3 that deals with public accommodations. If you mean regarding employment that is title 1.

Aspergers is a specific disability and if your Aspergers causes:

2) Disability. - The term ``disability'' means, with respect to an
individual-

(A) a physical or mental impairment that substantially limits one
or more of the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

Than you qualify as a person with a disability under Title 1 ADA. You don't need a specific label- you simply need a limitations on a major life activity.

ETA: With respect to an individual it means the term applies to an individual person under the law - not a group of people. So if one person with AS has X problems and it causes them major problems, doesn't mean it is true of another person with X.

Source(s):

http://www.eeoc.gov/policy/ada.html

Answer 9

My son was diagnosed with Aspergers.He has had problems all of his 11 years of life.It took only a 3 hour doc apt to diagnose him.He is on disability,But also already was before the diagnosis.
Sounds like you need a new doctor.