Why is it when you are fighting big business, they think that they can control YOUR choices? I am still fighting with my company over my right to bring my SD to work. They still refuse to acknowledge that I am an individual with a disability, thereby even qualifying for ADA accommodations. I think if the SD wasn't in the mix, they would admit it, but for that, they are still stalling. They are an insurance company, so of course, they're thinking snarling, crazed dog coming into the office, biting at people, etc. (yeah, whatever) My doc wrote a letter expressly stating that I should be allowed to bring my dog to work to allow me to remain functional. They want more information. Of course, my doc is a waffler, and isn't sure what type of ground she stands on, and refuses to go further. (She admits after writing the letter, that she's never known anyone to have a SD who wasn't blind, and is only going on my word that I need her.) I have a prescription written for my SD from my psychiatrist (she's a cross purpose SD) but they won't even consider that. I said if my doc said I needed a wheelchair or a special high backed chair for my comfort, you wouldn't even question that. HR manager perked up and said, If we gave in to that, would that work instead of bringing your dog?
What is it with these people!?!? I guess if I was blind, I could just request a Cabana Boy to walk me around instead. Hey, theres a thought...... hmmmmm
<brynNOS...@nunyabusiness.com> wrote: >Why is it when you are fighting big business, they think that they can >control YOUR choices? I am still fighting with my company over my right to >bring my SD to work. They still refuse to acknowledge that I am an >individual with a disability, thereby even qualifying for ADA >accommodations. I think if the SD wasn't in the mix, they would admit it, >but for that, they are still stalling. They are an insurance company, so of >course, they're thinking snarling, crazed dog coming into the office, biting >at people, etc. (yeah, whatever) My doc wrote a letter expressly stating >that I should be allowed to bring my dog to work to allow me to remain >functional. They want more information. Of course, my doc is a waffler, >and isn't sure what type of ground she stands on, and refuses to go further. >(She admits after writing the letter, that she's never known anyone to have >a SD who wasn't blind, and is only going on my word that I need her.) I have >a prescription written for my SD from my psychiatrist (she's a cross purpose >SD) but they won't even consider that. I said if my doc said I needed a >wheelchair or a special high backed chair for my comfort, you wouldn't even >question that. HR manager perked up and said, If we gave in to that, would >that work instead of bringing your dog?
Sue. A letter from your doctor and a letter from your psychiatrist is perfectly sufficient - if after giving them that, they still won't allow you to bring your service dog to work, sue them.
> On Sat, 01 Feb 2003 15:47:49 GMT, "Bryn" > <brynNOS...@nunyabusiness.com> wrote:
> >Why is it when you are fighting big business, they think that they can > >control YOUR choices? I am still fighting with my company over my right to > >bring my SD to work. They still refuse to acknowledge that I am an > >individual with a disability, thereby even qualifying for ADA > >accommodations. I think if the SD wasn't in the mix, they would admit it, > >but for that, they are still stalling. They are an insurance company, so of > >course, they're thinking snarling, crazed dog coming into the office, biting > >at people, etc. (yeah, whatever) My doc wrote a letter expressly stating > >that I should be allowed to bring my dog to work to allow me to remain > >functional. They want more information. Of course, my doc is a waffler, > >and isn't sure what type of ground she stands on, and refuses to go further. > >(She admits after writing the letter, that she's never known anyone to have > >a SD who wasn't blind, and is only going on my word that I need her.) I have > >a prescription written for my SD from my psychiatrist (she's a cross purpose > >SD) but they won't even consider that. I said if my doc said I needed a > >wheelchair or a special high backed chair for my comfort, you wouldn't even > >question that. HR manager perked up and said, If we gave in to that, would > >that work instead of bringing your dog?
> Sue. A letter from your doctor and a letter from your psychiatrist is > perfectly sufficient - if after giving them that, they still won't > allow you to bring your service dog to work, sue them.
That's one of the problems. You have to have a doc who stands behind their letter. I have a doc who will state one thing, but then when under the gun, waffles. She wrote a very strong letter, but when questioned for clarification, refused to go further. Backed down. That wouldn't go well on the stand. I work for a big insurance company with lots of lawyers, who do you think will win?
<brynNOS...@nunyabusiness.com> wrote: >That's one of the problems. You have to have a doc who stands behind their >letter. I have a doc who will state one thing, but then when under the gun, >waffles. She wrote a very strong letter, but when questioned for >clarification, refused to go further. Backed down. That wouldn't go well on >the stand. I work for a big insurance company with lots of lawyers, who do >you think will win?
I believe another poster asked whether your dog was a "service" or "companion" dog - I have not seen a reply to that and would be interested in precisely what service the dog performs for you?
Could you offer any insight concerning the dog's 'functions' both at home and at your work site? Who performs these functions for you at work now?
<brynNOS...@nunyabusiness.com> wrote: >That's one of the problems. You have to have a doc who stands behind their >letter. I have a doc who will state one thing, but then when under the gun, >waffles. She wrote a very strong letter, but when questioned for >clarification, refused to go further. Backed down.
Can you get another doctor? Educate your doctor about service dogs. What exactly does the dog do for you, why do you need it? Did you get it from a service dog program? They might be able to help you.
http://www.outspokenclothing.com/blog/ The news you need to know: right-on rants, progressive causes, feminism, gay rights, environment, and all that's wrong with Dubya
I assume you've already given them information on their legal obligation to allow you to bring your service dog to work, but here are some links just in case. If their worry is that the dog will be disruptive, point out that they are allowed to exclude it *if* it is - if it would "result in a fundamental alteration to the nature of the business."
http://www.outspokenclothing.com/blog/ The news you need to know: right-on rants, progressive causes, feminism, gay rights, environment, and all that's wrong with Dubya
> On Sun, 02 Feb 2003 16:15:22 GMT, "Bryn" > <brynNOS...@nunyabusiness.com> wrote:
> >That's one of the problems. You have to have a doc who stands behind their > >letter. I have a doc who will state one thing, but then when under the gun, > >waffles. She wrote a very strong letter, but when questioned for > >clarification, refused to go further. Backed down. That wouldn't go well on > >the stand. I work for a big insurance company with lots of lawyers, who do > >you think will win?
> I believe another poster asked whether your dog was a "service" or > "companion" dog - I have not seen a reply to that and would be > interested in precisely what service the dog performs for you?
> Could you offer any insight concerning the dog's 'functions' both at > home and at your work site? Who performs these functions for you at > work now?
Well, He also asked me to email privately, which I did, but for you, I will divulge my privacy.
I have Systemic Lupus, I have a condition called Hughes Syndrome which essentially is a thickening of the blood, predisposing me to stroke and blood clots, it can cause seizures, it can mimic and is often misdiagnosed as Multiple Sclerosis as it can sometimes paralyze and cause slurred speech and brain disfunctions such as cognitive dysfunction, memory dysfunction and dizziness. I have Secondary Sjogrens Syndrome, Secondary Raynauds, I have Partial Complex Seizures. I am also BiPolar.
My dog performs many functions, she helps me with mobility as I have difficulty walking due to pain and stiffness, as well as dizziness and balance. She also helps me carry heavy objects in a back pack. She picks up things that I may drop keeping me from having to bend over, which isn't a good thing for someone who is already suffering from balance/dizziness issues, as well as letting me conserve energy as SLE and Hughes both give me tremendous problems with fatigue. She is cross trained as a Psychiatric Service Dog in that she has specific reactions that she has been trained to use when I am in a manic state, to either bring me out of that state, or protect me from harming myself if she can't. Failing that, she is trained to summon help.
No where is it written that a Service Dog is required to help you with your work. But she does help me function at work in that I don't leave my disabilities at my office door. I still have mobility issues at work. I still have to get from my car in the parking lot to my cubicle. I still have to be able to travel to the rest room, or the programming department or to meetings, etc. I still have to be able to have the security of knowing that my relationship with my dog is intact and the training that has been put into her will not be put in jeopardy by only being with her for a few hours per day. That is detrimental to a SD/PWD relationship. When you are away from each other for long periods of time, the dog loses it's ability to anticipate your needs. It's a known fact, and there have been court rulings to that effect. Any other questions?
On Mon, 03 Feb 2003 01:10:14 GMT, "Bryn" <brynNOS...@nunyabusiness.com> took a very strange color crayon and scribbled:
>Any other questions?
Did you forget to mention that the dog is probably also trained for alerting you to seizures?
I think you've pretty much established your right here to have the dog at work, and IMHO any doctor who can't stand behind their word for you should have their license revoked. Ditto for lawyers.
<brynNOS...@nunyabusiness.com> wrote: >I have Systemic Lupus, I have a condition called Hughes Syndrome which >essentially is a thickening of the blood, predisposing me to stroke and >blood clots, it can cause seizures, it can mimic and is often misdiagnosed >as Multiple Sclerosis as it can sometimes paralyze and cause slurred speech >and brain disfunctions such as cognitive dysfunction, memory dysfunction and >dizziness. I have Secondary Sjogrens Syndrome, Secondary Raynauds, I have >Partial Complex Seizures. I am also BiPolar.
>My dog performs many functions, she helps me with mobility as I have >difficulty walking due to pain and stiffness, as well as dizziness and >balance. She also helps me carry heavy objects in a back pack. She picks up >things that I may drop keeping me from having to bend over, which isn't a >good thing for someone who is already suffering from balance/dizziness >issues, as well as letting me conserve energy as SLE and Hughes both give me >tremendous problems with fatigue. She is cross trained as a Psychiatric >Service Dog in that she has specific reactions that she has been trained to >use when I am in a manic state, to either bring me out of that state, or >protect me from harming myself if she can't. Failing that, she is trained >to summon help.
>No where is it written that a Service Dog is required to help you with your >work. But she does help me function at work in that I don't leave my >disabilities at my office door. I still have mobility issues at work. I >still have to get from my car in the parking lot to my cubicle. I still have >to be able to travel to the rest room, or the programming department or to >meetings, etc. I still have to be able to have the security of knowing that >my relationship with my dog is intact and the training that has been put >into her will not be put in jeopardy by only being with her for a few hours >per day. That is detrimental to a SD/PWD relationship. When you are away >from each other for long periods of time, the dog loses it's ability to >anticipate your needs. It's a known fact, and there have been court rulings >to that effect. Any other questions?
Having read this, I absolutely think you should sue. Though I'm not a lawyer, I've been talking with a couple of friends who have service dogs and have battled on these issues (and coming from a family of lawyers and studying it in college I *do* have plenty of experience in how the law is applied), and I have a few more comments to share.
1. Your doctor. I don't think it matters whether or not she is willing to go out and support you having a service dog - that is frankly none of her business, it's not her area of knowledge or expertise. Her job is simply to say whether or not you have a disability. Your conditions are presumably on your medical record and could be confirmed by any doctor who examined them/you, as well as your psychiatrist for being bipolar. So you have no difficulty in establishing that you are a person with a disability/disabilies.
2. Once you've established that, all you have to establish is whether your dog is a service dog. Does your dog perform specific tasks to assist you? Clearly from what you've said, yes. Your dog helps you balance, helps your mobility, helps you carry things, retrieves objects you may drop, and can help you should you get into a manic state. None of these things are contraversial or "out there" uses of a service dog. Whoever trained or helped you train the dog can testify, anyone from a service dog organization could watch you with your dog and give a professional opinion. Your doctor isn't the expert in this area. If your dog was trained by an organization they should certainly become involved, but self-training is perfectly legal and acceptable and there are a number of self-training groups who might be willing to become involved too.
3. What state are you in? I might know people who could give you more help and information, or be able to track some down for you. Also, some states have specific laws making it illegal to interfer in a service dog doing its job. In California, there can be a $5000 fine.
4. "No where is it written that a Service Dog is required to help you with your work." Exactly. Your service dog is allowed to accompany you ANYWHERE (except a few very limited places such as an open aviary at a zoo). It's not even a matter of your place of work having to accomodate your disability - service dogs are specifically allowed to go anywhere you go.
I think you have a clear-cut case. It's not a case of your word against yours, it's a case of their ignorance or disregard of the law against your knowledge.
There are a number of mailing lists on Yahoo groups which deal with service dog issues, and I know there are lawyers on some of them who could give you even more specific advice - maybe even write a letter for you if you're in their area. There's also a list for psychiatric service dogs.
I would love to help you with this in any way I can - if you send me an email at cdaae AT earthlink DOT net, I'll see if I can put you in touch with anyone who can help you more. It'd be particularly helpful to know what state you're in, and if your dog was trained by an organization.
Good luck!
http://www.outspokenclothing.com/blog/ The news you need to know: right-on rants, progressive causes, feminism, gay rights, environment, and all that's wrong with Dubya
> On Mon, 03 Feb 2003 01:10:14 GMT, "Bryn" > <brynNOS...@nunyabusiness.com> wrote:
> >I have Systemic Lupus, I have a condition called Hughes Syndrome which > >essentially is a thickening of the blood, predisposing me to stroke and > >blood clots, it can cause seizures, it can mimic and is often misdiagnosed > >as Multiple Sclerosis as it can sometimes paralyze and cause slurred speech > >and brain disfunctions such as cognitive dysfunction, memory dysfunction and > >dizziness. I have Secondary Sjogrens Syndrome, Secondary Raynauds, I have > >Partial Complex Seizures. I am also BiPolar.
> >My dog performs many functions, she helps me with mobility as I have > >difficulty walking due to pain and stiffness, as well as dizziness and > >balance. She also helps me carry heavy objects in a back pack. She picks up > >things that I may drop keeping me from having to bend over, which isn't a > >good thing for someone who is already suffering from balance/dizziness > >issues, as well as letting me conserve energy as SLE and Hughes both give me > >tremendous problems with fatigue. She is cross trained as a Psychiatric > >Service Dog in that she has specific reactions that she has been trained to > >use when I am in a manic state, to either bring me out of that state, or > >protect me from harming myself if she can't. Failing that, she is trained > >to summon help.
> >No where is it written that a Service Dog is required to help you with your > >work. But she does help me function at work in that I don't leave my > >disabilities at my office door. I still have mobility issues at work. I > >still have to get from my car in the parking lot to my cubicle. I still have > >to be able to travel to the rest room, or the programming department or to > >meetings, etc. I still have to be able to have the security of knowing that > >my relationship with my dog is intact and the training that has been put > >into her will not be put in jeopardy by only being with her for a few hours > >per day. That is detrimental to a SD/PWD relationship. When you are away > >from each other for long periods of time, the dog loses it's ability to > >anticipate your needs. It's a known fact, and there have been court rulings > >to that effect. Any other questions?
> Having read this, I absolutely think you should sue. Though I'm not a > lawyer, I've been talking with a couple of friends who have service > dogs and have battled on these issues (and coming from a family of > lawyers and studying it in college I *do* have plenty of experience in > how the law is applied), and I have a few more comments to share.
> 1. Your doctor. I don't think it matters whether or not she is willing > to go out and support you having a service dog - that is frankly none > of her business, it's not her area of knowledge or expertise. Her job > is simply to say whether or not you have a disability. Your conditions > are presumably on your medical record and could be confirmed by any > doctor who examined them/you, as well as your psychiatrist for being > bipolar. So you have no difficulty in establishing that you are a > person with a disability/disabilies.
> 2. Once you've established that, all you have to establish is whether > your dog is a service dog. Does your dog perform specific tasks to > assist you? Clearly from what you've said, yes. Your dog helps you > balance, helps your mobility, helps you carry things, retrieves > objects you may drop, and can help you should you get into a manic > state. None of these things are contraversial or "out there" uses of a > service dog. Whoever trained or helped you train the dog can testify, > anyone from a service dog organization could watch you with your dog > and give a professional opinion. Your doctor isn't the expert in this > area. If your dog was trained by an organization they should certainly > become involved, but self-training is perfectly legal and acceptable > and there are a number of self-training groups who might be willing to > become involved too.
> 3. What state are you in? I might know people who could give you more > help and information, or be able to track some down for you. Also, > some states have specific laws making it illegal to interfer in a > service dog doing its job. In California, there can be a $5000 fine.
> 4. "No where is it written that a Service Dog is required to help you > with your work." Exactly. Your service dog is allowed to accompany you > ANYWHERE (except a few very limited places such as an open aviary at a > zoo). It's not even a matter of your place of work having to > accomodate your disability - service dogs are specifically allowed to > go anywhere you go.
> I think you have a clear-cut case. It's not a case of your word > against yours, it's a case of their ignorance or disregard of the law > against your knowledge.
> There are a number of mailing lists on Yahoo groups which deal with > service dog issues, and I know there are lawyers on some of them who > could give you even more specific advice - maybe even write a letter > for you if you're in their area. There's also a list for psychiatric > service dogs.
> I would love to help you with this in any way I can - if you send me > an email at cdaae AT earthlink DOT net, I'll see if I can put you in > touch with anyone who can help you more. It'd be particularly helpful > to know what state you're in, and if your dog was trained by an > organization.
> Good luck!
> http://www.outspokenclothing.com/blog/ > The news you need to know: right-on rants, > progressive causes, feminism, gay rights, > environment, and all that's wrong with Dubya
Herein lies the problem. I have a disability. My docs agree that I have illnesses, but are not well versed in the laws to say that I have a disability. Although they shouldn't have to, that is the rub. They have to state that I have impairments that substantially affect certain major life activities. My one doc admits that I'm "headed FOR disability" in that I will one day be drawing disability pay, but that's not my goal here, my goal is to stay at work, with accommodations, so as to not HAVE to be ON disability. In an employer/employee relationship, it's different than a public place such as a restaurant. Being as my employer is an office that is not open to the general public, meaning if you didn't work there, you would not be allowed to walk in and wander the building, there is no reason to allow you to come in. Therefore, I'm not allowed access with my dog as a public access issue. Only as a reasonable accomodation to a workplace. Meaning, I have to prove a disability under the ADA. They are fighting that I am a PWD as defined by the ADA because my doc is spineless and won't specifically state that. I believe that if I just wanted to have a highback chair, or a minor accommodation, it would be a mere inconvenience to them and they would allow it., because I asked for things so "out there" as a Service Dog and I'm not blind (which is a whole other thing, because if I was blind, I could guarantee, I wouldn't be working there) and they are an insurance company and liability is a big fear (heck, they won't even insure you if you have certain dogs on your premises) That is their problem. They already allow me reduced hours or intermittent leave under FMLA but they say that is not the same thing. Just because I qualify for FMLA, doesn't mean it qualifies for ADA.
On Tue, 04 Feb 2003 22:47:29 GMT, "Bryn" <brynNOS...@nunyabusiness.com> took a very strange color crayon and scribbled:
>Herein lies the problem. I have a disability. My docs agree that I have >illnesses, but are not well versed in the laws to say that I have a >disability. Although they shouldn't have to, that is the rub. They have to >state that I have impairments that substantially affect certain major life >activities. My one doc admits that I'm "headed FOR disability" in that I >will one day be drawing disability pay, but that's not my goal here, my goal >is to stay at work, with accommodations, so as to not HAVE to be ON >disability. In an employer/employee relationship, it's different than a >public place such as a restaurant. Being as my employer is an office that >is not open to the general public, meaning if you didn't work there, you >would not be allowed to walk in and wander the building, there is no reason >to allow you to come in. Therefore, I'm not allowed access with my dog as a >public access issue.
AFAIK, your dog is _not_ a public access issue. Furthermore, the doctor can't help you on the ADA as s/he is not a lawyer. You need a lawyer, or someone who can advise you in a lawyerly manner.
The EEOC may also be able to help. Here are some resources, lifted wholesale from http://www.eeoc.gov/docs/accommodation.html (I think the Job Accomodations Network has shut down, its functions assigned to other agencies, but everything else should be OK.)
RESOURCES FOR LOCATING REASONABLE ACCOMMODATIONS
U.S. Equal Employment Opportunity Commission 1-800-669-3362 (Voice) 1-800-800-3302 (TT)
The EEOC's Publication Center has many free documents on the Title I employment provisions of the ADA, including both the statute, 42 U.S.C. . 12101 et seq. (1994), and the regulations, 29 C.F.R. . 1630 (1997). In addition, the EEOC has published a great deal of basic information about reasonable accommodation and undue hardship. The two main sources of interpretive information are: (1) the Interpretive Guidance accompanying the Title I regulations (also known as the "Appendix" to the regulations), 29 C.F.R. pt. 1630 app. .. 1630.2(o), (p), 1630.9 (1997) , and (2) A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act III, 8 FEP Manual (BNA) 405:6981, 6998-7018 (1992). The Manual includes a 200-page Resource Directory, including federal and state agencies, and disability organizations that can provide assistance in identifying and locating reasonable accommodations.
The EEOC also has discussed issues involving reasonable accommodation in the following guidances and documents: (1) Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations at 5, 6-8, 20, 21-22, 8 FEP Manual (BNA) 405:7191, 7192-94, 7201 (1995); (2) Enforcement Guidance: Workers' Compensation and the ADA at 15-20, 8 FEP Manual (BNA) 405:7391, 7398-7401 (1996); (3) Enforcement Guidance: The Americans with Disabilities Act and Psychiatric Disabilities at 19-28, 8 FEP Manual (BNA) 405:7461, 7470-76 (1997); and (4) Fact Sheet on the Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964 at 6-9, 8 FEP Manual (BNA) 405:7371, 7374-76 (1996).
Finally, the EEOC has a poster that employers and labor unions may use to fulfill the ADA's posting requirement.
All of the above-listed documents, with the exception of the ADA Technical Assistance Manual and Resource Directory and the poster, are also available through the Internet at http://www.eeoc.gov.
U.S. Department of Labor Wage and Hour Division (To obtain information on the Family and Medical Leave Act) To request written materials, or to be referred to a regional Wage and Hour District office for technical assistance, call toll free: 1-866-487-9243 (Voice) 1-877-889-5627 (TTY) or www.dol.gov/esa/whd/fmla/index.htm For additional technical assistance on the FMLA, call (202) 693-0066 (Voice)
Internal Revenue Service (For information on tax credits and deductions for providing certain reasonable accommodations)
A service of the President's Committee on Employment of People with Disabilities. JAN can provide information, free-of-charge, about many types of reasonable accommodations.
ADA Disability and Business Technical Assistance Centers (DBTACs) 1-800-949-4232 (Voice/TT)
The DBTACs consist of 10 federally funded regional centers that provide information, training, and technical assistance on the ADA. Each center works with local business, disability, governmental, rehabilitation, and other professional networks to provide current ADA information and assistance, and places special emphasis on meeting the needs of small businesses. The DBTACs can make referrals to local sources of expertise in reasonable accommodations.
> AFAIK, your dog is _not_ a public access issue. Furthermore, the > doctor can't help you on the ADA as s/he is not a lawyer. You need a > lawyer, or someone who can advise you in a lawyerly manner.
> The EEOC may also be able to help. Here are some resources, lifted > wholesale from http://www.eeoc.gov/docs/accommodation.html (I think > the Job Accomodations Network has shut down, its functions assigned to > other agencies, but everything else should be OK.)
> RESOURCES FOR LOCATING REASONABLE ACCOMMODATIONS
> U.S. Equal Employment Opportunity Commission > 1-800-669-3362 (Voice) > 1-800-800-3302 (TT) > Therese Shellabarger / The Roving Reporter - Civis Mundi > tlsh...@concentric.net / http://www.concentric.net/~tlshell
<snip> --
I understand what you're saying, and I totally appreciate your wanting to help, but while the doc doesn't have to know the ADA, It is a must that I have records that prove that I'm a disabled individual. EEOC will file investigation, and the minute that they look at the records and do not specifically see where the doctor felt that I was substantially limited in a major life activity, they will drop the investigation, there is case history, it has happened many times. That's not to say that the person was not a person with a disability, but the person had a doc who didn't document well, just like mine. I go to my doc, we talk about pain issues. She puts down that I'm experiencing pain in the "Subjective" column in my records, meaning that it's only my report that I'm in pain, there's no scientific evidence or objective tests. She gives me a physical, I have full range of motion. My pain is not stiffening in nature, I can still move, I just hurt like hell. She gives me pain meds, I have chronic pain. That in itself is still disabling, but I have no scientific backing to PROVE I have pain, I'm just SAYING I have pain. We could discuss verbally all day long what kind of disabling issues I have, but unless there's records showing objective data, or some kind of statements from her saying how it has significantly affected major life activities as a paper trail, it would never get past the investigative stage. EEOC will drop it. Sure as we're sitting here.
That is the nature of the illnesses that I have. If I had Arthritis with bone scans and Xrays, proving that I had degenerations in my joints, there would be proof. ( I may not even be experiencing pain, but I would have proof that I have changes that one can see, and that would be proof) But I have arthralgias, which is non-degenerative, but equally painful joint inflamations. So, swelling, but not proof.
I was evicted once for having my first service dog in my apartment with a no pets policy. I was on solid ground. I had two doctors letters explaining what the dog was for and that I was required to have this dog to alleviate my depression. That the dog was specifically trained to do tasks to do that for me. I had filed a complaint with HUD, it was forwarded to Michigan Civil Rights Commission. They investigated. I was told that I was late on my rent, and that was why she was evicting me. While they felt that a discrimination had occurred, I was late on my rent, which cancelled out the discrimination. there was nothing that they could do. Yep, that's what they told me. I was never late on my rent. The landlord didn't cash the rent payment for several weeks. So I had no way to prove that I payed it on time. Then I put the rent into escrow, she evicted me. I went before a judge, told my story and MCRC didn't back me.
See, your story is only is as good as the person at government agency in charge feels like working hard enough for.
On Wed, 05 Feb 2003 07:13:37 GMT, "Bryn" <brynNOS...@nunyabusiness.com> took a very strange color crayon and scribbled:
>I understand what you're saying, and I totally appreciate your wanting to >help, but while the doc doesn't have to know the ADA, It is a must that I >have records that prove that I'm a disabled individual.
What about MRI, or other types of scanning that show brain activity while in motion? There should be evidence for pain that way because the brain does respond in those situations.
It sounds like you need a specialist, and maybe your doctor is the wrong one for your situation.
> > >That's one of the problems. You have to have a doc who stands behind > their > > >letter. I have a doc who will state one thing, but then when under the > gun, > > >waffles. She wrote a very strong letter, but when questioned for > > >clarification, refused to go further. Backed down. That wouldn't go well > on > > >the stand. I work for a big insurance company with lots of lawyers, who > do > > >you think will win?
> > I believe another poster asked whether your dog was a "service" or > > "companion" dog - I have not seen a reply to that and would be > > interested in precisely what service the dog performs for you?
> > Could you offer any insight concerning the dog's 'functions' both at > > home and at your work site? Who performs these functions for you at > > work now?
> Well, He also asked me to email privately, which I did, but for you, I will > divulge my privacy.
> I have Systemic Lupus, I have a condition called Hughes Syndrome which > essentially is a thickening of the blood, predisposing me to stroke and > blood clots, it can cause seizures, it can mimic and is often misdiagnosed > as Multiple Sclerosis as it can sometimes paralyze and cause slurred speech > and brain disfunctions such as cognitive dysfunction, memory dysfunction and > dizziness. I have Secondary Sjogrens Syndrome, Secondary Raynauds, I have > Partial Complex Seizures. I am also BiPolar.
> My dog performs many functions, she helps me with mobility as I have > difficulty walking due to pain and stiffness, as well as dizziness and > balance. She also helps me carry heavy objects in a back pack. She picks up > things that I may drop keeping me from having to bend over, which isn't a > good thing for someone who is already suffering from balance/dizziness > issues, as well as letting me conserve energy as SLE and Hughes both give me > tremendous problems with fatigue. She is cross trained as a Psychiatric > Service Dog in that she has specific reactions that she has been trained to > use when I am in a manic state, to either bring me out of that state, or > protect me from harming myself if she can't. Failing that, she is trained > to summon help.
> No where is it written that a Service Dog is required to help you with your > work. But she does help me function at work in that I don't leave my > disabilities at my office door. I still have mobility issues at work. I > still have to get from my car in the parking lot to my cubicle.
Are you driving a car? Is this safe with all the above symptoms?
> to be able to travel to the rest room, or the programming department or to > meetings, etc. I still have to be able to have the security of knowing that > my relationship with my dog is intact and the training that has been put > into her will not be put in jeopardy by only being with her for a few hours > per day. That is detrimental to a SD/PWD relationship. When you are away > from each other for long periods of time, the dog loses it's ability to > anticipate your needs. It's a known fact, and there have been court rulings > to that effect. Any other questions?
> Are you driving a car? Is this safe with all the above symptoms?
<snip>
The only thing I was told was that I was unable to drive until the anti seizure meds were at full level, they are. That was more to protect the doctor, not me. He would be liable if he told me I had seizures and I went out and had one while driving before the meds kicked in. Interesting part of that scenario is this. The seizures only happened in certain environments. Mainly at work. I believe it was the flourescent lights that touched them off, or something in the building materials or ventilation systems. I have only had them outside of work, that I'm aware of, at grocery stores, malls, drs offices and such. (more flourescent lights, commercial buildings) Never while driving, or sitting at home, or visitng friends, etc.
> On Wed, 05 Feb 2003 07:13:37 GMT, "Bryn" > <brynNOS...@nunyabusiness.com> took a very strange color crayon and > scribbled:
> >I understand what you're saying, and I totally appreciate your wanting to > >help, but while the doc doesn't have to know the ADA, It is a must that I > >have records that prove that I'm a disabled individual.
> What about MRI, or other types of scanning that show brain activity > while in motion? There should be evidence for pain that way because > the brain does respond in those situations.
> It sounds like you need a specialist, and maybe your doctor is the > wrong one for your situation.
I have had MRI and EEG, both showed "normal" but not the MRI in motion like you have suggested. That may be a good idea to bring up. I don't know who around me would do it, but I'm sure if it's possible, I could look into it. Like I said, I am scheduled to see another rheumatologist in May at the University of Michigan. It takes a while to get referred. This one is supposed to specialize in Lupus, so it may make the difference. Three of the diseases that I have, my current doc isn't even treating me for. Only the lupus. Sjogrens, Raynauds and Hughes she is just letting go as they are typical secondary dx's with Lupus. They can be just as debilitating and dangerous.
On Thu, 06 Feb 2003 06:51:47 GMT, "Bryn" <brynNOS...@nunyabusiness.com> took a very strange color crayon and scribbled:
>The seizures only >happened in certain environments. Mainly at work. I believe it was the >flourescent lights that touched them off, or something in the building >materials or ventilation systems. I have only had them outside of work, >that I'm aware of, at grocery stores, malls, drs offices and such. (more >flourescent lights, commercial buildings) Never while driving, or sitting at >home, or visitng friends, etc.
It could be fluorescent lights because they have a flicker, and if you're that sensitive, then you should also avoid strobe lights for similar reasons. I've also read of certain computer games causing seizures in susceptible people, although at the time I read about it, the Japanese developers were still trying to figure out how it was happening.
> On Thu, 06 Feb 2003 06:51:47 GMT, "Bryn" > <brynNOS...@nunyabusiness.com> took a very strange color crayon and > scribbled:
> It could be fluorescent lights because they have a flicker, and if > you're that sensitive, then you should also avoid strobe lights for > similar reasons. I've also read of certain computer games causing > seizures in susceptible people, although at the time I read about it, > the Japanese developers were still trying to figure out how it was > happening.
My thoughts exactly. When they did the EEG, it came back as normal. The only time during the EEG I felt the "smell aura" and the things that I get during the seizures (dizziness, disoriented, weak/heavy arms/legs, etc) was at the very end, it was just starting when the test was done. Right when they were doing the flickering light part of the test. It takes about 5 minutes. They do different flickering patterns and each one only goes on for about 10 seconds or so. I guess maybe because mine are somewhat mild it takes longer. But just before they came in and concluded the test, I was starting to feel one come one. But my EEG was deemed normal, so it must not have gotten to the point that it showed on the EEG. Interestingly, as a teenager, I was dx'd with silent seizures, but since it only presented as severe headaches, my parents let it slide. These were dx'd from brain scans, CT scans and EEGs Couldn't find those records now if my life depended on it.
Interesting thing is. The neuro will not acknowledge that the flickering lights may set them off, therefore, will not acknowledge that I may need accommodations at work. ( I had asked, besides the dog, to have the flourescent lights above my cube replaced with incandesent, both seizures and lupus are known to be aggravated by flouro) He doesn't see where its a problem.
Kassia wrote: > I assume you've already given them information on their legal > obligation to allow you to bring your service dog to work, but here > are some links just in case. If their worry is that the dog will be > disruptive, point out that they are allowed to exclude it *if* it is - > if it would "result in a fundamental alteration to the nature of the > business."
> http://www.outspokenclothing.com/blog/ > The news you need to know: right-on rants, > progressive causes, feminism, gay rights, > environment, and all that's wrong with Dubya
> Why is it when you are fighting big business, they think that they can > control YOUR choices? I am still fighting with my company over my right to > bring my SD to work. They still refuse to acknowledge that I am an > individual with a disability, thereby even qualifying for ADA > accommodations. I think if the SD wasn't in the mix, they would admit it, > but for that, they are still stalling. They are an insurance company, so of > course, they're thinking snarling, crazed dog coming into the office, biting > at people, etc. (yeah, whatever) My doc wrote a letter expressly stating > that I should be allowed to bring my dog to work to allow me to remain > functional. They want more information. Of course, my doc is a waffler, > and isn't sure what type of ground she stands on, and refuses to go further. > (She admits after writing the letter, that she's never known anyone to have > a SD who wasn't blind, and is only going on my word that I need her.) I have > a prescription written for my SD from my psychiatrist (she's a cross purpose > SD) but they won't even consider that. I said if my doc said I needed a > wheelchair or a special high backed chair for my comfort, you wouldn't even > question that. HR manager perked up and said, If we gave in to that, would > that work instead of bringing your dog?
> What is it with these people!?!? I guess if I was blind, I could just > request a Cabana Boy to walk me around instead. Hey, theres a thought...... > hmmmmm
Well, I have gotten an email from my psychiatrist. She will be contacting the DOJ to find out what the criteria are that need to be met, see if I meet them as far as her treatment of me is concerned, and what she will need to do for me to effect my abitility to use my SD at work. She is an Australian born American Citizen, so alot of these types of things are sort of new to her. I guess it shouldn't really matter, but these are things that she didn't have the opportunity to learn throughtout high school and college and such. She has only lived here the last 10 years or so. She will be looking into it further and well let me know what she learns. She wants to make sure that she words any correspondence just right because if she words it incorrectly, a shrewd employer will use that.
Bryn wrote: > "Bryn" <brynNOS...@nunyabusiness.com> wrote in message
> Well, I have gotten an email from my psychiatrist. She will be contacting > the DOJ to find out what the criteria are that need to be met, see if I meet > them as far as her treatment of me is concerned, and what she will need to > do for me to effect my abitility to use my SD at work. She is an Australian > born American Citizen, so alot of these types of things are sort of new to > her. I guess it shouldn't really matter, but these are things that she > didn't have the opportunity to learn throughtout high school and college and > such. She has only lived here the last 10 years or so. She will be looking > into it further and well let me know what she learns. She wants to make > sure that she words any correspondence just right because if she words it > incorrectly, a shrewd employer will use that.
Bryn wrote: > "Bryn" <brynNOS...@nunyabusiness.com> wrote in message
> Well, I have gotten an email from my psychiatrist. She will be contacting > the DOJ to find out what the criteria are that need to be met, see if I meet > them as far as her treatment of me is concerned, and what she will need to > do for me to effect my abitility to use my SD at work. She is an Australian > born American Citizen, so alot of these types of things are sort of new to > her. I guess it shouldn't really matter, but these are things that she > didn't have the opportunity to learn throughtout high school and college and > such. She has only lived here the last 10 years or so. She will be looking > into it further and well let me know what she learns. She wants to make > sure that she words any correspondence just right because if she words it > incorrectly, a shrewd employer will use that.
Well, here's something interesting. I had a note from my family doctor stating that I have serious sleep disturbance as a result of my Lupus and Partial complex seizures. It states that this can cause either insomnia or hypersomnia. (I either can't sleep, or I sleep too much)
I also had script that my psychiatrist had written stating that I require the assistance of my service dog. I mainly carry that with me if questioned while trying to gain public access. These are just some things that I had forgotten that I had. The note from family doc was from December prior to my foot surgery, so I had that in my desk drawer and hadn't given that to her, the other was from last summer. I guess I was trying to show her that this was something that was established and wasn't something I had just thought up. For that matter, I can show her some letters from docs in 1999 that stated that I needed to use my service dogs in my home. That was before my diseases progressed. But anyway, here's the thing. I went to HR today and tried to give them to the Evil one in HR, and she refused to take them. She took them at first, and said she didn't understand what I wanted her to take the script for the SD for. I said it was just some more information I wanted the company to have. She gave it back and said she didn't need it. I can't be bringing in pieces of information as I chose, that what they want is for me to just sign the medical releases and that would take care of everything. I said, well, don't lose the other note, because that's the only copy. She said, what's that for, I explained (after we had just decifered it together, apparently she's not got much of a retention rate) and she said, well, I guess I don't need this either then.
I told her that these things should go in my personnel file and she refused to take them. She said that I had no right to pick and choose what bits of information I was to give them. I was to release all my medical records and they would decide from there. Doesn't that seem a little strange? That they would refuse to accept any information that would help them understand my disability? I think I will have to journal this for when I make my complaint to the EEOC
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