How to talk to my doctor about a dog...

    • Gold Top Dog

    How to talk to my doctor about a dog...

    I posted a thread similar to this maybe a year ago, and my life has gone through several ups and downs since that time, but I know you folks are a great resource when it comes to anything canine! So here is my situation. 

    I currently live in a house owned by an apartment complex that does not allow dogs unless one has a doctor's note. I am medicated for depression and anxiety, and I have been on the meds for maybe 6 months now. My symptoms are greatly improved, but I personally very strongly believe that the presence of a dog in my home would greatly improve my mental health. The question is, how do I communicate this to my doctor? What should I tell him, and what should I ask him? I feel sort of awkward about it...but I don't want to/can't really move to a new apartment complex, so a note from my doctor stating that having a dog is necessary for my mental well being is what I need to give my landlord.

     Is there a term for the service the dog would be doing for me? I know animal assisted therapy is used to describe dogs (or other animals) visiting patients but not living with them. I would like to do more googling on the subject but I don't really know what words to search for. I'd like to have a solid argument backed by scientific facts to present to my doctor, and I know the facts are out there but I don't really know how to find them. 

     My doctor is a very helpful, understanding man and I don't have any reason to believe he would refuse to do what we both think is best for me, but this issue is sort of...alternative and he may not have any experience with it so I just want to be prepared with a lot of information for him. 

     Thank you so much for your help, this is a huge step in my life that I really want to take and be very well prepared for. I would love to have a canine companion for the next 15 years, and others for the rest of my life, and I realize the financial and time investment that requires. I am prepared to, and very much excited to do this.

    • Gold Top Dog

    You **almost** named it yourself.  The term IS "service dog". 

    Now often a service dog is credentialed -- and people TYPICALLY think of them for some medical condition like blindness, deafness, a person physically disabled (a dog to pick things up, bring the phone, etc.), and seizure warning dogs.  But other types of problems can also be helped by a dog. 

     Honestly, much is going to depend on the apartment complex and how much of a hassle they're going to give you.  I've seen apt. complexes and mobile home parks really fight to discredit something like that.  (I'm a legal secretary -- not trying to discourage you -- just warning you.)

    To enhance YOUR chances, first talk to your doctor, but I would also consult with an attorney ***in your town, county***

    I'll finish this later -- we're leaving the house to go somehwere

    • Gold Top Dog

    You're in luck I think. There is a whole lot written about the particular category of dog you want/need. It's called an Emotional Support Animal. You may have to do some research. I had a gazillion links for this and service dogs (who are categorized slightly differently and come with different legal rights) but that was on my old computer and they are gone. This page should give you a start:

     http://www.nsarco.com/emotionalhousing.html

     Good luck!

    • Gold Top Dog

    A service dog is legally a dog that is trained to perform tasks that mitigate a disability. A disability is legally something that stops you from living a normal life. If you live a normal life with your medication, a service dog is not what you need. An emotional support animal does not carry the same rights as a service animal, and does not need to be trained to perform tasks to mitigate a disability. It will often be allowed in housing, though. That sounds more like what you need. Very different, legally.

    • Gold Top Dog

    Sorry I had to "interrupt" myself -- You honestly *must*j find out from an attorney what is and is not allowed where YOU live unless you are prepared to do SCADS of legal research to find out.  Some of this touches the ADA but much depends on how your complex is categorized.  I'm not at all sure an emotional support animal would legally be guaranteed.

    You also may be able to get along with a mature animal rather than a puppy. 

    • Gold Top Dog

     Actually, Callie, what she needs is not a ADA attorney but one who is familiar with the FHA- that's what emotional support animals (which is what it sounds like she is asking for) fall under. They're not covered by ADA.

    • Gold Top Dog

    Pwca

     Actually, Callie, what she needs is not a ADA attorney but one who is familiar with the FHA- that's what emotional support animals (which is what it sounds like she is asking for) fall under. They're not covered by ADA.

    I honestly don't *mean* an ADA attorney -- but simply an attorney who knows LOCAL law (usually a smaller practice that does county law type stuff).  Any attorney is going to have access to ADA and FHA law ... but you want one up on local laws (town, city, county, unincorporated area, etc.) because that's what will tend to make the twist. 

     

    This should NOT be expensive.  Simply call the attorney's office and tell them what you need to do and simply ask if you can "buy a half hour of his time".  You don't want them to think you're going to sue or do anything big or protracted -- you SIMPLY want to quiz them about how to word  a letter so it will be effective and in compliance with any local law.

    A lot of apartment complexes and mobile home parks may fall under separate statute and law -- some may be "adult only" or have qualified for tax credits.  The parks my boss deals with are all 55 and over, which in Florida is a special classification and they can get different consideration. 

    • Gold Top Dog

    jennie_c_d

    A service dog is legally a dog that is trained to perform tasks that mitigate a disability. A disability is legally something that stops you from living a normal life. If you live a normal life with your medication, a service dog is not what you need. An emotional support animal does not carry the same rights as a service animal, and does not need to be trained to perform tasks to mitigate a disability. It will often be allowed in housing, though. That sounds more like what you need. Very different, legally.

     

    You are incorrect.  As of July, this is the definition of a service dog: "Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability." 

    The fact that a person is also getting benefit from medication does not preclude them from utilizing a service dog.  However, this is also part of the definition: "The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition."  So, the dog must actually perform tasks related to the disability, but just emotional support isn't going to cut it.  Housing may allow the ESD, but if you get a service dog, you are guaranteed public accommodation anywhere, with the possible exception of certain areas of hospitals.  More info on the service dog issue: http://www.iaadp.org/

    IAADP has an outline of training standards suggested for service dogs, and a good list of tasks that they can be trained to perform for various disabilities.

    If our OP wishes to have a service animal, it must perform specific tasks that are related to the disability, such as medication reminders, or preventing destructive behavior on the part of the disabled person. this organization advocates for people with psych service dogs: http://www.psychdog.org/

    It's a federal crime to pass a pet off as a service dog, but it's not necessary to have a professionally trained dog.  It's still legal to train one yourself, if you are able, but the standards are getting tougher because of all the people who simply wanted a pet and used their disability to get one, regardless whether they actually used the dog for more than "emotional support."  Tricky issue, but I always err on the side of the disabled person who needs help until I'm proven wrong, which is exactly what the courts do.  The only thing a business owner can ask a disabled individual is whether the dog is a service animal, and what tasks it has been trained to perform.  (They cannot require you to show them by asking the dog to do a task, but that doesn't mean that you won't be held to that standard if someone contests your dog in court, or if you end up there to defend your right to public access.)

     

    • Gold Top Dog

    spiritdogs

    jennie_c_d

    A service dog is legally a dog that is trained to perform tasks that mitigate a disability. A disability is legally something that stops you from living a normal life. If you live a normal life with your medication, a service dog is not what you need. An emotional support animal does not carry the same rights as a service animal, and does not need to be trained to perform tasks to mitigate a disability. It will often be allowed in housing, though. That sounds more like what you need. Very different, legally.

     

    You are incorrect.  As of July, this is the definition of a service dog: "Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability." 

     

    I'm confused. What's the difference? A SD performs tasks to mitigate a disability. Someone who lives a normal life with medications does not need a dog to perform any tasks.... An ESA is a different animal, completely, right?

    • Gold Top Dog

    Laws pertaining to service dogs vary from state to state.  I am not familiar with them on a specific basis but my understanding is that in general an ESA is *not* a Service Dog and at least from a federal law standpoint does not have the same laws and protection as a Service Dog.  On one hand, most landlords and property managers don't really know or care about the difference so I've heard of people with ESAs being allowed to keep their dogs as if they were SDs but on the other hand in many places, legally there is a distinction so it would basically be cheating the system to let someone assume an ESA is an SD.  Like Jennie said, an SD is trained to perform specific tasks that a person needs in order to have a normal daily life.  As far as I understand, just having a dog there is not a SD task.

    If you post a thread over on the GSD board you will probably get better answers regarding your individual situation.  There are several members who are familiar with federal and specific state laws, what constitutes an SD vs. ESA, etc.   http://www.germanshepherds.com/forum/guide-therapy-service-dogs/

    • Gold Top Dog
    • Gold Top Dog

    The definition of disability that is used for ADA recently changed (effective Jan 2009) significantly and may positively impact the OP's possibilities of getting a support or service dog. Under the new definition of disability, the deterimation of disability is made without considering "mitigating measures" (e.g. the effects medication on the disorder). Here are two examples from the definitions document (CP is the "case study person" for the examples):

    Example 1 -- CP, who has schizophrenia, takes medication to control the disorder. With medication, CP can function well in his everyday life. Without medication, however, CP cannot care for himself. CP has an impairment, schizophrenia, that substantially limits his major life activities. Although CP can function well with medication, he cannot care for himself without medication.

    Example 2 -- CP has systemic lupus, which often results in acute anemia and arthritis-like symptoms. CP's physician has prescribed medication to control the effects of the disease. Without medication, CP is very lethargic, develops a skin rash, and experiences severe swelling and stiffness in her joints. With medication, CP experiences none of these symptoms. CP has a disability. Her impairment, when evaluated without regard to the effects of medication, substantially limits her major life activities.

    Link to the defintion document (it's long and complicated, of course!): http://www.eeoc.gov/policy/docs/902cm.html#902.2

    NOTE: I'm not an attorney, nor do I work for one. (I'm in the special education field both PreK-12 and post seconday.)

    • Gold Top Dog

    I have no advice to offer.  But, I wholeheartedly agree that having a dog will enrich your life.  I wish you the very best in making this work in your current home.  (((paperflowers11))).

    • Gold Top Dog

    spiritdogs

    It's a federal crime to pass a pet off as a service dog, but it's not necessary to have a professionally trained dog.  It's still legal to train one yourself, if you are able, but the standards are getting tougher because of all the people who simply wanted a pet and used their disability to get one, regardless whether they actually used the dog for more than "emotional support."  Tricky issue, but I always err on the side of the disabled person who needs help until I'm proven wrong, which is exactly what the courts do.  The only thing a business owner can ask a disabled individual is whether the dog is a service animal, and what tasks it has been trained to perform.  (They cannot require you to show them by asking the dog to do a task, but that doesn't mean that you won't be held to that standard if someone contests your dog in court, or if you end up there to defend your right to public access.)

    Exactly ... and it does get even trickier with local laws.  See you don't need an attorney who specializes in litigation about the ADA.  *ANY* attorney should know these codes (they are **federal** law so all attorneys have to be able to practice within them).

    But the critical point is exactly what she said "but the standards are getting tougher because of all the people who simply wanted a pet and used their disability to get one," -- and this isn't just convincing a landlord to let you have a dog in a simple "I rent this house" situation but rather you have ALL the other folks in the complex who can sometimes just be aching to pick a fight.  All it takes is that nasty little dog of Tenant 202 who barks at everyone all the time and lunges at you like he's going to take a piece out of you, or the big dog in 330 whose owner never picks up after him -- all it takes is one bad situation (and tenants can have LONG memories) to make a problem -- so it's usually not just a situation of presenting a doctor's note.

    That's honestly why I told you to "buy half an hour" of an attorney's time.  It likely will make the difference of you being able to accomplish it or not.  Don't just walk in with a simple note ... if you get shot down it will be tougher to accomplish later.

    I have seen this scenario MANY MANY times at work and so very often the office staff/owners come at if from the standpoint that "Mr/Ms. So*and*so just wanted to get a dog so they had their dr. write this stupidi excuse -- they've been living here FINE and suddenly they NEED a dog??"

    I have SO MANY times had someone from a complex or a park call land beg the attorney to "get us out of THIS one!" and I've heard all sorts of stories -- from people that had moved 2000 miles to come TO this particular place, often investing huge money in buying a home or selling everything to move here and they show up on the doorstep **suddenly** with a dog (who was no part of the equation previously and they just show up like "you can't make me leave NOW!!";)

    The sad fact is that many times people who just are NOT dog people **choose** their apartment/park/home/condo association that are NOT pet-friendly because they just don't want to be around them.  That tends to be inconceivable to people like us, but it can make it difficult for someone like paperflowers11 to accomplish something she knows may be GOOD for her.

    I'm honestly NOT trying to discourage you -- but approaching it properly and getting written documentation that **will** do what you need it to will be paramount. 

    • Gold Top Dog

    Thank you all so much for taking the time to write out thoughtful responses. I really appreciate it.

    I think what I need is an ESD, not a SD. When I'm not on my meds, I can still function, I just have panic attacks more often. If I did try to pass my theoretical future dog off as a service dog, I would be just like the people cheating the system to have a service dog with them when it's really just performs the functions of a pet.

    I will do some research, and also try to find a local attorney to talk to as that sounds like a VERY wise decision. 

     

    ETA: This seems a little...strange, and too easy. What do you think? Scam, or what? http://www.cptas.com/pk.html