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

jennie_c_d

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?

 

 

Someone who does well in a wheel chair doesn't need a SD, according to your reasoning.  However, having a SD makes living life in a chair easier if the dog assists with pulling, or carries objects for the person.  A person with a psychiatric disability, or diabetes, for that matter, may do ok on meds, but having a SD can make life easier by providing medication reminders to the person regularly so that no dose is forgotten.  Whether the person does well with other assistive aids is not the question.  It's the fact that the person has a disability and chooses to mitigate it with a service dog.  Then, the only issue is whether the dog can legitimately perform tasks related to the disability.  The difference between an ESA and a SD is that the ESA is there solely for comfort and companionship, and the SD performs trained tasks that mitigate a disability.  Does that help clarify?

paperflowers11

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

 

Scam.  Your mental health provider or physician can do this for you at no cost.  There's a link to a sample ESA letter on this page: http://www.drcnh.org/emotsupportweb.pdf

Sample service dog letter: http://www.servicedogcentral.org/content/node/304

You do not need to "certify" a SD.  And, owner trained SD's are fine, but you should really consider this a serious matter, because SD's are expected to behave in appropriate ways in public. Thus, you do need to do is insure that if you are ever challenged in court, your dog is really capable of doing the tasks you say it can do and is well trained and managed.  This article explains some of the functions that a PSD can do to mitigate disabilities, such as depression, and panic attacks: http://psychiatricservicedogs.pbworks.com/w/page/19684824/ESA-vs-PSD

There are places that can help you train a dog appropriately - either clicker trainers who specialize in it (possibly a KPCT trainer in your area), or centers like this: http://www.topdogusa.org/

Newest ADA regs here: http://www.ada.gov/regs2010/ADAregs2010.htm

Be cautious about getting an ESA, because it's only a matter of time now before attorneys start arguing that the Feds don't recognize them as SD's, and that may affect your ability to keep the dog in housing at some point.  If you get a SD, you will not be subject to those legal wranglings.  

 

Keep in mind two things with regard to ADA: 1) Federal and state laws/regulations can be opposing (ex. gay marriage, death penalty, etc).  This is where consulting an attorney would be helpful, since they will be familiar with or know how to interpret the regulations and apply to you specifically.  2) As far as I know, ADA covers SDs with regard to "public" places.  A public place is a place any person can walk into, like a Target store, a museum, a shopping mall.  Other places like housing establishments and schools are not public and thus the same level of access is not protected by ADA.

 No advice but just wanted to offer my support. I take medication for panic attacks. Before I started them, my attacks would be so bad that I would end up in a corner, curled up on myself, rocking back and forth, chewing on a nail and hyperventilating. DH could not break me out of them. But my dogs could.. My worst (and last ) attack lasted an hour and I think the only reason that I broke out of it was because of Maze. She sat by my side the entire time and was just there.  I hugged her so hard her eyes might have popped out (lol) but she stayed.

My dogs are not SD's but they are my emotional support. It's because of them I get up in the morning. Or make it out the front door. I've actually certified one of my dogs for therapy just because of her energy. The seniors love her and the nurses love what she does for the residents.  

Now I wish I could take them in to all buildings but I can't and I'm ok with that.   Just walking with them around town is enough to help me relax and interact with people.

Good luck with this!!

Schools definitely have to comply with ADA. (Otherwise, folks from the Office of Civil Rights will pay us a visit :-) Title II of the ADAcovers programs, services and activities of public entities (e.g. state and local government, public schools, some public transportation, state parks, etc.). Privately owned establishments that are open to the public ("public accommodations";) are addressed in Title III of the ADA regs.(e.g. restaurants, public transportation that is privately owned, hotels, theatres, auditoriums, etc.) 

 Looks extremely questionable, if not an outright scam to me.

FrisbyPI

Schools definitely have to comply with ADA. (Otherwise, folks from the Office of Civil Rights will pay us a visit :-) Title II of the ADAcovers programs, services and activities of public entities (e.g. state and local government, public schools, some public transportation, state parks, etc.). Privately owned establishments that are open to the public ("public accommodations";) are addressed in Title III of the ADA regs.(e.g. restaurants, public transportation that is privately owned, hotels, theatres, auditoriums, etc.) 

 

Here's a link to the state laws covering access: http://sdog.danawheels.net/laws/statelaws.shtml 

ADA supercedes any state law if the state law is more restrictive of access.   Therefore, even here in MA where the law specifically refers to people with blindness, hearing, and physical disabilities, the use of a psychiatric service dog is protected by the federal law.

I wanted to get an emotional support animal letter but most "land" based doctors didn't even know what one was and did not want to do the research. I got my prescription online from emotionalsupportpet.com and it's only $69 per year (that's less than the crate fee to fly just once!