Question for the Service Dog People on Here - Page 3

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by Blitzen on 01 September 2012 - 04:09

What about people who say they need a service dog when they really don't? I can think of at least 3 people who claim disabilities to be able to take their "service dogs" on free plane trips and into areas where dogs are normally banned. Does an owner have to show some sort of proof of a qualifying disability? That's as much a scam as saying a dog is a service dog if it really isn't, right?

mollyandjack

by mollyandjack on 01 September 2012 - 11:09

One area of confusion is that I think under the Air Carrier Access Act and the Fair Housing Act, emotional support animals (not task trained, unlike psychiatric service dogs) are allowed if the person has a note from their doctor. As for your question, the impairment has to be one considered a disability by the ADA, and their requirements for a qualifying disability found here: http://www.ada.gov/pubs/adastatute08.htm#12102 . However, _to my knowledge and someone correct me if I'm wrong_, they do not have to show proof of their disability. If challenged in court however, there must be evidence supporting the ADA definition of disability i.e. medical records etc. and they could be asked to provide a list of tasks their dog is trained in.

by Blitzen on 01 September 2012 - 12:09

Thanks for the info. One of the persons I was referring to is mobidly obese and that does qualify as a legit disability.

mollyandjack

by mollyandjack on 01 September 2012 - 12:09

No problem. The one caveat I have is this: the trained tasks must mitigate difficulties experienced due to the disability or the dog is not considered a service animal. For example, ADHD can be considered a qualifying disablity. However, having the dog trained to retrieve ADHD medication would not qualify as an acceptable task, because having ADHD would not prevent someone from physically retrieving medication themselves.

by jaggirl47 on 01 September 2012 - 13:09

I have a 16 week old pup currently in his socialization/obedience training to be my service dog. I just got out of the Army (this past Thursday) with 100% VA disability. One thing most people do not realize is that in order to use a service dog on a military installation or VA hospital, it is required to be trained and certified by either ADI or the seeing eye dog organization.

Now, as far as migraines....there is actually a specific need for them if you take into account the different reasons a person gets migraines. For example, I get 2 seperate types of migraines, one due to my heart condition and one due to a traumatic brain injury. When I get a migraine from my heart condition, I tend to have about 15 minutes before it attacks and get auras. That makes it so I have a fair amount of time to take my meds and try to lay down. Now, when I get a migraine caused by my TBI, I get a severe bout of vertigo directly before (less than 5 minutes) the migraine hits. However, when I have a vertigo I have difficulty moving without falling over or vomitting.

I honestly have no need to explain to anyone why my dog would be trained to assist with migraines. Just keep in mind not everything can be cut and dry.

I do want to say also that this dog will be trained to help with multiple things; TBI assistance (to include vertigo and migraines), PTSD, picking up items, balance from several orto surgeries, etc. From the outside I look like a fairly healthy 33 year old. On the inside I am completely broke.

mollyandjack

by mollyandjack on 01 September 2012 - 13:09

Very good points, jaggirl47. I do wonder if that policy might be challenged in the future as a violation of ADA. Does ADA even apply to the military?

GSDNewbie

by GSDNewbie on 01 September 2012 - 14:09

I would not know about the plane as I have not flown anywhere with my service dog. Morbidly obese is not a reason to have a service dog on its own perhaps the person you know of has other issues that you do not know about. I agree people should not fake a service dog for flying to get out of expense of paying for the dog.

   As I stated in an earlier post migraines from other medical problems I consider to be a symptom of more extensive condition such as your brain injury and the medical need is much greater than most who just think "migraine" as in really bad headache as many do would not require a service dog because their condition is not debilitating. I just do not agree with the dog being called a Migraine service dog so that everyone who has rough headaches which is nothing like your condition does not think of let me throw a vest on my dog and take it out. 

mollyandjack

by mollyandjack on 01 September 2012 - 14:09

OK, last post from me on the subject as I feel like I'm on a merry go round and we've strayed quite a bit from the OP topic ;-) I'm not sure if I'm reading your post correctly, but migraines are not just rough headaches. True migraines are debilitating. They are thought to be related to hormonal changes, which is why women get them more than men and they seem to follow a cycle similar to the menstrual cycle. Severe headaches with a known physical cause, even those that mimic the symptoms of migraines (aura, nausea, sensitivity to light or sound, extreme pain, visual disturbances, etc), are not considered migraines and are treated differently medically.

Also...while you are entitled to your opinion about morbid obesity, it can be considered a disability by ADA definition and a person can legitimately have a service dog for it. The tasks would still have to be specific to the disability, ie training to assist with mobility, among others. This has actually been held up in court. In fact, I'm very glad that opinions (other than medical and occasionally judicial) are not factored into determining the validity of someone's service dog or disability.

vonissk

by vonissk on 01 September 2012 - 15:09

Wow I think this turned out to be  great thread. Who'd have thunk it when I asked a question I have learned all this. I should just send the link to Mike and tell him to read the whole thread and then go for what he knows. LOL.

Square biz though, lots of good info on here and lots of good discussion. Thanks to all who have participated and keep all those good thoughts coming in.

Steph I am like you--I like where I live--most people here are very lenient toward dogs in businesses. Then you have WalMart which I prefer to not go to anyway. All of my puppies have gone through the drive thru at my fave convenience store and yes the girls take them through the window and love on them and show them off...........And the tribal businesses are really open to dogs. The day I took Tri--now Eara--to be evaluated, I had to go to the education building to turn in some paperwork and I just took her in there. My advisor came up to meet me and immediately took over her and passed her around to her co workers. what great socialization.................Little Eara was loving every second of it. \

I dn't know if my friend with the Crested has to have a medical card or not for her dog. But I do know she went through some kind of testing--I know TDI--yes I know that's different, but she did and also something else. She did work in the office at Winstar Casino but now she works in the new medical clinic--I had wondered even tho it was tribal because it ws a medical clinic if she had to have something. Next time I talk to her I will have to ask.

And Jagger thank you very much. Your post was very very informative. Good luck with your puppy and big GENTLE hugs to your broken body...............My daughter is just a little younger than you and because ofwhat she suffered--both physically and mentally--in the Middle East, she is on 100% disability.


by Blitzen on 01 September 2012 - 15:09

http://disabilitysavvy.com/2011/01/12/obesity-is-now-recognized-as-a-disability-under-the-ada/





 


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