Understanding is vital when representing neurodivergent clients

By Tony Poland, LegalMatters Staff • Representing clients who are neurodivergent in long-term disability insurance claims can be challenging, says Toronto and Markham-area disability lawyer Rupa Karyampudi, which is why patience and understanding is necessary in order to be successful.

Karyampudi, a partner at MK Disability Lawyers, explains that with neurodivergence, a person’s brain processes, learns or behaves differently from what is generally considered typical, or neurotypical. When it comes to making a claim for long-term disability, neurodivergent clients can face obstacles that hinder their ability to access medical diagnosis and records, which could lead to a denial. Even getting legal representation can be a frustrating prospect, she says.

“Many clients who are neurodiverse experience added trauma. It could be because they are having a difficult time navigating the healthcare system,” Karyampudi tells LegalMattersCanada.ca.  “Being in the world as a neurodivergent person can be stressful and triggering for them mainly because of challenges in communication.”

Communication can be ‘a significant challenge’

Communication “is a significant challenge for people who are neurodiverse,” she says. 

“They communicate and experience the world in a very different way than a neurotypical person,” Karyampudi explains. “For example, you may interpret someone who is autistic as being rude or abrupt or aggressive. They often don’t understand sarcasm or social niceties such as small talk.” 

“There is the likelihood of miscommunication and that could happen with their doctors as well,” she adds. “There are issues with trying to access appropriate care because their treatment provider may not have experience interacting with people who are neurodivergent. There can be issues gathering the accurate medical records required to prove a disability claim. Without those records, it can create credibility issues with the insurer. But it is not a question of credibility. It is really a difference in communication.”

It is not uncommon for neurodiversity to be misunderstood, says Karyampudi.

“The term disability has many interpretations depending on the context,” she says. “Not everyone will understand neurodiversity and disability. It is important to understand the different terminology. Neurodivergent clients include those with ADHD, autism and dyslexia. Their brain works in a different way.”

Karyampudi says there is a difference between a medical model of disability and a social model.

‘We have to realize it is society that disables them’

“A medical model pathologizes different varying abilities, where the social model disability dictates that everyone has variations and different impairments. But we have to realize it is society that disables them,” she says. “It is a bit of a social construct. I have really bad eyesight, for instance. I need glasses to see but I am not considered disabled by society.”

“In a way, it is similar with people who are neurodiverse,” Karyampudi adds. “They are just on the spectrum of human variation in terms of how their brain works. In the neurodivergent community, they don’t want to pathologize. They want to focus more on natural, human variation.” 

It is important to note that being neurodivergent does not prevent people from working, she says, although there are those who might not be employable depending on their level of functionality.

“Just because someone has ADHD, is autistic or dyslexic doesn’t mean they are unable to work. The claims our clients are making for long-term disability are not typically just because of their neurodiversity. It is usually because of something else,” Karyampudi says. “It is not their neurodiverse diagnosis that in and of itself that prevents them from working.” 

However, a related disability could trigger an issue, she says.

Being neurodiverse in a neurotypical world can be difficult

“It could be a psychological condition, such as depression or anxiety. Problems can arise from being neurodiverse in a neurotypical world,” Karyampudi says. “That can be very draining and stressful and create mental health issues.”

She says there are a number of reasons people make a claim for long-term disability insurance benefits but the legal test is the same.

• Gender bias in the medical profession adding to women’s pain
• The challenge of representing clients who have PTSD
• Better understanding is needed of LGTBQ mental health issues

“To prove you are entitled, you must show you are no longer able to perform the duties of your job,” says Karyampudi. “Long-term disability insurance is for people who have been working and stopped because of a new medical condition or an aggravation of a previous condition.”

She says the neurodivergent face disadvantages others might not typically comprehend.

“Life can already be challenging for them. On top of that, many try to mask their diagnosis,” Karyampudi says. “They try to act neurotypical, and that can take a lot out of people. Trying to adapt to other people’s style of communication can lead to burnout. Having to fit into a neurotypical world can be very draining.”

Learning how to adapt is important

Finding legal representation can be also frustrating for the neurodiverse, she says, admitting she had to learn how to adapt to meet her clients’ needs.

“I am calling myself out because before I understood what my clients were dealing with, I would get annoyed,” Karyampudi says. “I have since learned quite a bit and adjusted my style in terms of communicating. You have to realize that while what they are telling you may not be relevant to the case, it is important to them.”

She says it is “essential to consider every aspect of the client’s needs and the challenges they face in the healthcare system and the legal system.”

“With any successful relationship with a client, good communication is vital. You must also understand how to effectively represent them in litigation given their diagnosis,” Karyampudi says. “You not only need to know the challenges they face but how to convey that to the other side. You really have to educate the other side about how these diagnoses affect their communication style, explaining it is not a question of credibility, it is just their way of communicating.”

‘We take a trauma-informed approach’

She says as a law firm, “we take a trauma-informed approach.” Extensive notes are made in files, for example, so anyone who deals with the client is aware of their needs, says Karyampudi.

“Feedback is crucial,” she says. “Something every disability lawyer should do – and what we certainly do for all our clients – is ask what accommodations they require. And that includes communication accommodations. Don’t assume everyone has the same requirements.

“I take the time to learn what will make my clients comfortable. Some will need me to slow down because speaking quickly can be overwhelming. I will take pauses and be very direct. Many also prefer written communication,” Karyampudi adds. “Listening and understanding neurodivergent clients will allow you to better represent them. Above all, be patient.” 

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