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Author Topic: How do I find out if I qualify for a psychological/psychiatric service dog?  (Read 192 times)
StrangeAngel
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« on: October 27, 2008, 05:14:48 AM »

So here's the thing...I was diagnosed with Asperger's recently.  I know a lot of people don't regard that as a real disability and think it's just social issues, but unless you're living with it, you don't have any idea.  I have rad the ADA guidelines on disability, and I -think- I meet it, though the wording is somewhat questionable in some places.  In order to have a service dog you have to meet the definition of disability.  Also, I have heard that a service dog has to be trained to perform 3 or more tasks to mitigate that disability - I've heard they only need to be trained to one task, but I'd go with the 3, as that sounds more plausible. First, do I qualify as having a disability under the ADA guidelines?  I often have meltdowns, in which I become more or less unresponsive to other people, sometimes even losing the ability to speak for short periods of time.  I also tend to get overwhelmed in area with a lot of people or a lot of visual/auditory stimuli, and then I have tunnel vision, and don't really pay attention to my surroundings - I run into people and things a lot when that happens. I also have times when I "space out" and start stimming, and when I'm back in the present I have no idea what I was in the middle of doing before I started. When my alarm clock goes off in the morning, I just don't want to get up.  I have 3 separate alarm clocks on 3 different parts of the room, and I still end up turning them all off and missing classes often (I don't miss work, ever...I love my job.  I'm so sick of college, though, that I just don't want to do it).  When I turn off the alarms, I often find myself sleeping well into the late afternoon/early evening, unless my dog wakes me up to go outside or get fed. I do have a sleep disorder as well (DSPS) but I don't know how much anything contributes to my problem with getting up. It's hard to explain, I don't think I've done a good job at it :/I just got my own apartment and my own dog 2 months ago (he's a 57 pound boxer, approximately 1 year old, he's a rescued stray).  Ever since then, I have not had a full-blown meltdown, so the dog's doing some good as it is just being a pet. I do plan on training some tasks whether or not he can ever be a true service dog - nothing's stopping me from training him to make sure I get up when the alarm goes off, as that doesn't require access anywhere. Some tasks I'd like to train for are waking me up when the alarm sounds, sitting/leaning on me to shorten the intensity and duration of a meltdown, touching/pawing/licking me to bring me back from my "spacing out" episodes, leading me to safety when I get overwhelmed and start to have tunnel vision, and of course just being there to ease anxiety (though this I understand does not count as a task - more of a fringe benefit).  Would the alarm clock thing even count as a task, seeing as it's done only in the home?  I'm also considering him to remind me to eat, as there are times I plain forget to eat - it's not that I'm not hungry or don't want to eat, I'm just too focused on other things. All right, now that I've gone on and on...how do I know if I qualify for a service dog?  Do I need to get a "prescription" from a psychologist/psychiatrist?  I do plan on training my current dog for the work if I qualify (I'll be training him regardless of whether or not I qualify, he can still help m around the house even if he's not eligible for access).  I do know that a dog doesn't -have- to be certified to be a service dog, nor does it have to be officially identified as one, but still, I don't want to claim to have one if I'm not truly eligible for one. Do I have to have some sort of doctor's approval, and how do I do this?  One of my communication issues is not being able to explain my problems orally face-to-face or over the phone.  My diagnosis was based not only on an interview and tests but also on a long written account of my difficulties. and as far as training my own, I have experience training dogs, my dad was a professional dog trainer for years and still trains on the side, and one of my best friends is a dog trainer (albeit I only know her online, but I can always ask questions and ask for suggestions).  I also plan on getting him enrolled in classes at Petsmart or Petco for socialization ans reinforcing the basics, and regardless of what happens I will have him take the AKC Canine Good Citizen test. If plans as a service dog don't work out, I'd like him to be a therapy dog and take him to schools for special needs kids. Failing that, he still makes an awesome pet ;)So...basically I'm uncertain, and any input at all is welcome. Gah, that's a freaking long question o0One more thing to add though...another thing I'd like to train him to do (and have already started) is to find the car; I have a terrible working memory, and often when I come out of class I have no idea where I parked it takes a while to find the car.  At stores and work it's not bad (at work the parking lot is very, very small, and at stores and at home I usually have a specific area where I park...not possible on campus).No, you don't have to be registered, certified, or anything to train a service dog.  Owner-trained dogs are more and more and more common, as program dogs are expensive and there is a long wait.  Of course not -every- dog is suitable for service work, though. Service dogs also don't have to be registered o certified, though in my opinion they -should- be. I also think the should be identified, but it's not required.  I don't understand the whole concept of not identifying a service dog s such because you don't want people to know you have a disability; if you have a service dog, it's given that you have a disability, so it's a flawed argument.  Anyway....*steps off soapbox*And service dogs are not -just- guide dogs. Service dogs are required to be allowed access just like any guide dog, regardless of what disability they are helping with, as long as they meet the criteria for service dog and their owner meets the criteria to have one - that's where my question comes in.
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Dustin
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« Reply #1 on: October 27, 2008, 08:23:22 AM »

That's a really tough question to answer. If I were you, I would ask a therapist or a social worker. They would have better insight on what to do.
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asylumescapee69
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« Reply #2 on: October 27, 2008, 11:31:56 AM »

It sounds like you have put a lot of thought into this. It's an interesting concept to consider. I think you would have to accomplish the training for an example to display before anything could happen. I understand why you would like to know that you can have your dog registered as a service dog upon accomplishing your goal, but perhaps you should take it one step at a time, as you have only everything to gain each step of the way. Congrats on getting into your own place. This is just off the top of my head, but I'm thinking you might need to become registered to train a service dog, and the dog has to pass testing. Either that or you would need to hire a training service to accomplish this for you. It probably varies from state to state. It could be limited to seeing-eye-dogs in some places. Well, If I can remember tomorrow when I get a chance to look up some information, I'll try to email it to you.  
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KirstenR
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« Reply #3 on: October 27, 2008, 02:40:30 PM »

Discuss with your medical caregivers whether you are disabled. While disability under the ADA is a legal, rather than medical determination, until you appear in court and are judged to be disabled the best you can do is gather medical documentation in support of the claim of disability.Some people with Asperger's are considered disabled, but not all. What matters isn't the diagnosis but the extent to which those impairments affect your ability to perform basic functions necessary to live (daily life activities). Your doctors can help you evaluate just how much your condition affects your ability to function.People on Y!A, particularly because they are people who do not know or observe you cannot offer any intelligent opinion on whether or not you are disabled. Frankly the quality of Y!A is also very hit or miss. I wouldn't base any legal decision on information here. I'd talk to a real attorney. It's far more complicated than just looking at statutory law. You also need to review regulatory law, and case law (which is the most difficult to root out and comprehend). The thing is that each time a court interprets a law like the ADA, they in effect add to the ADA. The Supreme Court of the United States (SCOTUS) significantly narrowed the scope of the ADA in several key decisions in the early part of this decade. Congress very recently countered with the ADA Restoration Act, which has passed and will become effective in January of 2009. So right now it's even a worse mess than usual trying to determine what is what in disability law. We know the ADA has been broadened by the ADA Restoration Act, but we don't know how much until some case law is made.Do you need a prescription? No. HOWEVER, if you do wind up in court and there is a dispute over whether you are disabled you need to have gathered evidence in support of your claim of being disabled. That means medical documentation of your condition and your doctor's professional judgment that it substantially limits your ability to perform the activities of daily living. A doctor's prescription alone does not qualify you as disabled, but it can be part of your documentation. Actually being disabled is what qualifies you, but only a judge can make that determination, and that only happens if you wind up in court. However with various trespass and faker laws on the books, it is getting easier and easier to wind up in court in a position of having to prove disability.You also need documentation of your dog's training. A training journal would be part of that documentation. Evaluations by qualified trainers would also be part of your training records. We know from cases like Grill v Costco and Thompson v Dover Downs that business are permitted to inquire about the dog's training. We know from cases like Bronk v. Ineichen that actual proof of training can be required in court of owner-trained dogs.Please note that in some states you are in fact required to be licensed or certified to train a service dog. California, for example, requires all trainers of guide dogs to be certified. The ADA does not apply to trainers or to service dogs in training. It applies only to people with disabilities with fully trained service dogs. Each state can institute it's own regulations on the trainers themselves. And yes, most do require trainers to be from recognized programs. If you want to know if your state recognizes owner-trainers, try asking your state's Attorney General's office.Most states do not recognize owner-trainers. While the ADA would come into play AFTER the dog is fully trained (and it does apply to owner-trained dogs as well as program dogs), during the actual training of the dog it would not be covered under the ADA. If your state does not give you trainer rights as an owner-trainer you have to complete the dog's training before you first step into any public accommodation that does not ordinarily permit pets OR you must have permission from the business owner to train there. You could not train in restaurants even with the owner's permission because of health codes.This forum has several members with Asperger's and service dogs. They might be able to offer you further guidance:http://www.servicedogcentral.org/forum
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Health Article Forum-Discussion about health care and Health article in Health Article Forum - How do I find out if I qualify for a psychological/psychiatric service dog? - Health Article Forum-Discussion about health care and Health article in Health Article Forum

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