What makes a disabled person disabled?

[Parvolax]

My DD is at pre-diagnosis for autism. All professionals ‘know’ she has ASD but the waiting list for CAMHS in my area is 4-6 years and I’ve been advised against out of area private diagnosis due to LA not recognising it (all private in my area have no waiting list because it’s already so long).
I’ve applied for DLA due to frequently missing work to collect DD, attend meetings etc and anything else we need along the way. I’ve applied for EHCP and currently awaiting appeal.

What I want to know is what actually determines if your are “disabled”. If you’re legally entitled to reasonable adjustments etc.

You identify yourself as disabled and if you think you qualify for things you can apply. I can't work much (lunchtimes) because I am supporting my asd teen to access school and then I'm restricted to work evenings and weekends because of a younger child and a partner doing shift work. But I don't qualify for any support for her asd, no transport or anything to get her to school. Assessment is useful as evidence but it's not enough for a lot of things

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.

Was coming on to say what @chemistnightmare said

But who decides what’s substantial? DD’s daily activities are definitely affected but how do I get school and my boss on board that I require reasonable adjustments?

DLA and EHCPs are supposed to be needs led and no diagnosis is needed. However i have found my sons diagnosis report essential in evidencing his needs. But there are apparently other ways to evidence the same needs.

The equalities act talks about substantial and long term physical or mental impairment that has a negative effect on your ability to do normal daily activities.

The cause of the impairment doesnt have to be established so again you dont need a diagnosis as such. So say social communication is an impairment we dont have to say its caused by asd just that that their social communication impairment is substantial, long term etc.

Theres a big guidance document but it starts by saying most of the time its obvious who had a disability.

@chemistnightmare has it right.

So far as DLA is concerned, while it might be useful to have a CAMHS diagnosis and report, you don't need on to apply. The assessment process looks at the actual help your child needs for (a) Daily Living and (b) Mobility. Apply and roll with what you've got now.

The equality act is a legal not a medical definition so if you want to know if someone is disabled go to court to find out.

The equality act says someone is disabled if they have a condition that has a substantial and long term adverse effect on their ability to do normal things even making a cuppa or sending an email. Long term is more than 1 year, likely to be more than 1 year or rest if your life if under 1 year.

However Under the social model of disability, you are disabled by society not your impairment so if a wheelchair user cannot enter a library is it because they're a wheelchair user or because there's no ramp?

Its in the gudance document. But basically its combined with the day to day activities part - it is more than trivial and more than just normal human ability differences. But looks at things like how long it takes to do something, how you have to do something etc. It gives an example that we cant all expect to go skiing but we should be able to do our shopping so if it is a realy struggle to do something basic it might fit the definition

This.

Practically speaking, an EHCP, or a DLA/PIP award are strong evidence in many instances.

It kind of depends who you're dealing with.

The reasonable adjustment will apply only to your DD. In terms of your employer you need to look into the laws for time off for dependants/parental leave.

Parental leave can be taken in a different way with a disabled child. You dont have to take it as whole week blocks. But it is unpaid.

I'd add that you can also potentially be disabled in certain circumstances and not in others, well obviously the disability is there but you don't need adaptations. School does make reasonable adjustments but it is based on need not diagnosis name, and a child can have a need at a certain part of the day and not other times.

Employers don't have to make adjustments even with a diagnosis, I list 2 jobs in quick succession. Then I found an employer that understood

I'd add that you can also potentially be disabled in certain circumstances and not in others

Blue badge is a big example of this. You can be quite “disabled” in many ways yet still not qualify for one.

People talk about someone being "registered" disabled as though that's a badge that can then be produced as evidence, but it doesn't work like that.

Typically an EHCP and PIP/DLA are used to evidence that someone is considered disabled. These then make it easier to apply for Blue Badge and Carers Allowance for example.

In order to get those it helps to have diagnoses and medical reports but it's not impossible to get them without. PIP in particular relies on a lot of detailed information about what makes the applicant different to their peers, what additional supports they need and how their disability affects their life.

Excellent definition.

That ^
Technically I'm disabled but I never use the word as it doesn't feel right. Not entitled to PIP/blue badge etc but I do get reasonable adjustments at work (increased sickness triggers)

Blue badge is a real lottery

If I lived in England my 10 points under 'planning a journey' would give me an automatic entitlement. I live in Scotland so I need 12 points under that descriptor for automatic entitlement. Furthermore if you get 12 points in England you don't get an automatic BB. It's crazy. The council won't give me one either as their criteria is so strict. I get 14 points overall for the mobility section which gives me the enhanced rate, but no BB.

I actually drive a motability car but can't get a BB to park the thing. I don't think BB is a measure of anything as it varies from one place to the next.