As October comes to a close, so does the monthly observance known as National Disability Employment Awareness Month. This year’s theme selected by the Office of Disability Employment Policy was “Advancing Access and Equity.” According to the Autism Society, adults with Autism are represented in every field of employment.

In this Q&A article featuring Dr. Amy Latta, a psychologist advisor for Magellan Healthcare, we explore the question – is Autism a disability?  Dr. Latta shares her thoughts on this question below.

Q: Is autism considered a disability (from social, legal, and medical viewpoints)?

Dr. Latta: The medical and legal perspectives both view Autism as a disability. The disability is created when the individual’s impairments (social communication and social interaction, as well as restricted interests, behaviors, or activities) interfere with daily functioning.

In contrast, a social perspective views the individual with Autism as “neurodivergent”  or having a brain style that is simply different from the average or “neurotypical” person in society.  From this perspective, Autism is not a disability. The disability is created by society’s lack of acceptance of an individual with a different or “neurodivergent” brain style. Within this framework, as society becomes more inclusive of persons with Autism and adapts better to their needs, the disability fades.

Q: How do you discuss neurodivergence with a child with autism?

Dr. Latta: If you ask a group of children to draw a person enjoying something fun, do you think all the pictures will look the same? Would anyone’s drawing be the “right” drawing or the “wrong” drawing? That is neurodivergence. It means everyone’s brain functions differently. There is no right or wrong way.

Q: Please briefly outline state government disability benefits people with autism can take advantage of.

Dr. Latta: Social Security Administration’s (SSA) administers the Social Security Income (SSI) program, which provides financial assistance to children and adults with Autism. In order to meet eligibility for SSI, there are income limits and medical requirements (e.g., symptoms of Autism need to be severe enough).

Q: How does getting disability benefits differ for children and adults (especially for parents with teens about to turn 18 – do they need to go through the process of conservatorship before the 18th birthday or will their child need to show financial responsibility, such as a job or paying rent, to get the full amount of disability)?

Dr. Latta: A child (under age 18) with Autism may qualify for Social Security Income (SSI) if the symptoms of Autism are severe enough and the parents’ income does not exceed the income limit. The income limit increases with each additional child under age 18 in the family.

Once a child with Autism turns 18, the parents’ income is no longer counted (even if the child is living at home) in the calculation for SSI benefits.

If a child is going to turn 18 and needs help making life decisions as an adult, the family may want to consider providing support to the child after age 18 through guardianship, conservatorship, or power of attorney. Guardianship and conservatorship are more involved legal processes so the family will want to start this process six months before the child turns 18.

Guardianship: A trusted adult is court-ordered by a judge to make decisions on behalf of the individual. There are full and partial guardians. A full guardian can make decisions about all areas of an individual’s life. A partial guardian can make decisions about select areas of an individual’s life.

Conservatorship: A trusted adult is court-ordered by a judge to make decisions about financial affairs only.

Power of Attorney: Is a legal document that authorizes a trusted adult to make decisions about the individual’s property, finances, or medical care. Under a POA, the individual still retains the right to make decisions on his or her behalf.

This month marks several important milestones not only for disability advocacy nationally, but also for TMG by Magellan Health in Wisconsin.

On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law. This historic piece of civil rights legislation made it illegal to discriminate against someone because of a disability. The ADA has paved the way for people with disabilities to have access to the same opportunities that everyone else has.

This means that public transportation and public accommodations such as schools, restaurants, stores, clinics and theaters must accommodate people who use mobility aids, and must be accessible to those with audio or visual impairments or other types of physical disabilities. It means that children with an intellectual disability can receive a public education with their peers. And, it means that adults with disabilities can ask their employer for reasonable accommodations so that they can perform their job duties and remain active in the workforce. We know that a more inclusive world is a better world, and that’s why we celebrate the progress that’s happened over the nearly 30 years since the signing of the ADA.

We also celebrate Disability Pride in honor of the 40.7 million Americans[i] who have a disability and represent 12.8 percent of the U.S. population. They have valued roles in our communities as artists, advocates, entrepreneurs, athletes, co-workers, neighbors, and friends. Yet, not everyone looks beyond a person’s disability to recognize their ability and talents, and all too often people with disabilities can be invisible to society. That’s why Disability Pride parades and festivals are so important.

The first Disability Pride parades took place in Boston in the early 1990s. Although those initial parades stopped after the death of the lead organizer, Diana Viets, the city of Chicago held its very first Disability Pride Parade on July 18, 2004. Since then, other cities across the country – including New York, Philadelphia, Los Angeles, and, Madison, Wisconsin – have held their own Disability Pride events, with many happening during July to commemorate the signing of the ADA. The focus at these festive events is inclusion and fun, and, to quote Chicago’s Disability Pride webpage, “to promote the belief that disability is a natural and beautiful part of human diversity.” If you have the opportunity, it’s great to take part in one of these empowering and fun events as TMG by Magellan Health staff have done in Madison.

Finally, this month also marks the 10-year anniversary of Wisconsin’s IRIS program, and our partnership with the Wisconsin Department of Health Services and other stakeholders since the program began. On July 1, 2008, the state’s fully self-directed Medicaid long-term care waiver, called IRIS (Include, Respect, I Self-Direct), was created to give those who wanted more control and choice in long-term supports and services (LTSS) the chance to self-direct those services. Since then, the state has made the IRIS program available and we have steadily expanded our IRIS Consultant Agency and Self-Directed Personal Care Oversight Agency services to all 72 Wisconsin counties.

Wisconsin is regarded as a leader in self-directed services through the IRIS program. Recently, Applied Self-Direction and AARP published an informative report entitled, Taking it to the Next Level: Using Innovative Strategies to Expand Options for Self-Direction. The report highlights Wisconsin as one of the top four states for innovation in self-direction, along with Texas, Iowa and Florida. TMG is proud to be the original IRIS Consultant Agency and the only IRIS Self-Directed Personal Care Oversight Agency in Wisconsin, and we feel honored to support over 14,500 of the 17,000-plus people enrolled in the IRIS program.

For all these reasons – the anniversary of the ADA, Disability Pride events and the innovative IRIS program – July is indeed a month to celebrate progress in disability advocacy and policy!

[i] United States Census Bureau: American Fact Finder – Disability Characteristic 2016 American Community Survey