The ADA and Service Animals - Service Animals are not considered “Pets”

When you see a sign at a business establishment that says “no pets allowed”, do you know service animals for the disabled are automatically excluded? Most people probably don’t. It’s my opinion, based on an online article by Audrey Blackwell (Service dogs bring new life to the disabled), that many businesses are not even aware of the ADA and its position on service animals.

In fact, the Americans with Disabilities Act (ADA) does not consider a service animal a pet at all. They are trained animals (any animal) to assist individuals with disabilities of varying types, not just blindness. The U.S. Department of Justice has a web site (www.usdoj.gov/crt/ada/qasrvc.htm) that addresses the most frequently asked questions regarding service animals for the disabled. In it, I found the following there (paraphrased):

The Americans with disabilities act makes it a requirement that privately owned businesses that serve the public must allow individuals with disabilities who have service animals access to business premises. This applies to areas of the business in which customers are generally allowed to go.

The act also states that individuals with disabilities who use service animals cannot be charged fees or deposits when such animals are on business premises, as might be the case for pet animals. In other words, the ADA makes a clear distinction between pets and animals that alert hearing impaired individuals, pull wheelchairs, and assist the mobility impaired with balance and ambulation.

In Ms. Blackwell’s article, Capt McNutty of the Venice Police Department makes it clear that the law is on the side of the disabled and if they have problems they can report it to his police department. I feel certain this is true everywhere.



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Disability Denial Costs More than Time

A recent report from the Athens County Department of Job and Family Services in Ohio reports that denied disability claims are threatening the wellbeing of millions of Americans. This allegation is not new and can be found nationwide. Many reports across the country are reverberating the accusation that people are not only being denied and kept waiting, but they are losing their financial and physical health due to the waiting period, and oftentimes denial of their disability assistance.

The Social Security administration backed up the statistics in the Athens County, OH, report.

Over 2.5 million Americans file for disability benefits every year. Out of that 2.5 million people, almost 2/3 are denied and while approximately 60 percent appeal that rejection and are ultimately approved, they generally have to wait for 1 ½ to 2 ½ years to get their approval. During that time, they face many issues without support of any kind. Many times this means they have no medical coverage, very little or no income and a sinking feeling that the system has failed them.

The report stated that in Ohio almost 73 percent are denied during their first file for disability benefits. It also states that in 2007 only 11 percent of the cases that appealed were approved. Ohio residents can appeal through an administrative law judge hearing once they have been denied twice. Many people never appeal, not realizing that a denial of benefits is almost a standard procedure. This appeal process creates more waiting and more personal hardship.

The report also states that although the average monthly payments for disability insurance in 2005 were $796 nationally, Ohio residents received an average of $785, while Athens County residents received an average of only $721.

While an appeal process can help in determining eligibility, many people experience bankruptcy and home foreclosures during this time, leading to depression, addiction and family issues. Other than these serious hardships, they also face deteriorating health problems. While many people lose their homes, others lose their lives.

The report, as well as the Social Security Administration, contributes part of the problem to a lack of funding to hire support staff and hearing judges. Without the staff to take care of the filings, many simply get denied to buy more time.

Athens County hopes this detailed report will help draw an eye to their community and help to get some of their disability insurance issues solved, as well as help for those who have been denied disability.


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Sources of Fatigue

I came across an article recently that referenced chronic fatigue; however, the article wasn't really about chronic fatigue, but, rather, the possible sources of sudden and otherwise (for a diagnosis yet to come) unexplainable fatigue. Here are those sources listed:

1. Anemia, a condition in which the number of red blood cells is less than normal. Of course, this makes perfect sense for a possible cause of fatigue. Red blood cells transport oxygen. Fewer red blood cells means less oxygen being delivered and less energy. In a sense, this is similar to how a car works. A richer mixture of air/fuel (richer in the sense that more air is being delivered) results in a higher horsepower output. Cut the flow of air too much and the car will have difficulty running at all.

2. Thyroid levels. In addition to weight gain, low thyroid levels can cause tiredness and fatigue. In fact, fatigue in individuals with specific medical conditions may prompt a treating physician to run a thyroid panel.

3. Insulin dependent and non-insulin dependent diabetes. Whether a patient's diabetes is type I or type II, they may experience fatigue, possibly as a result of the effects of medication, or due to poor control of the condition. Some individuals with diabetes, of course, experience hypoglycemia which can result in severely low energy levels and can even put a person in mortal danger.

4. Kidney Disease. Kidney impairment, like diabetes, can result in low energy levels and fatigue.

5. Depression. This one is a complete no-brainer. Anyone who has ever experienced a bout of depression may recall that they felt tired, listless, and required more sleep than normal. For individuals with chronic major depression, this can be an impediment to work.

6. Sleep apnea. The simple fact that a sleep apnea patient is failing to achieve deep restful sleep, due to interruptions in normal sleep patterns, can result in extraordinary fatigue and an inability to recuperate from daily activities.

7. Fibromyalgia. Many individuals with sleep apnea also have fibromyalgia syndrome. Increasingly, fibromyalgia is thought of as a condition in which an affected individual fails to achieve sufficient delta-wave stage sleep, the deep level of sleep in which the body repairs itself.

Chronic fatigue, of course, is different from these sources of fatigue. With chronic fatigue syndrome, the fatigue must last for at least half a year or longer. And the other sources of fatigue, such as the ones I've listed, must be ruled out. Essentially, when a person's fatigue cannot be explained and meets a minimum duration level, it may be classified as chronic fatigue.






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A New Generation of Disability Activists

Disability rights issues are being noticed and protected due to a new generation of activists groups like the Disability Issues Caucus of the Young Democrats of America. The 500-member group is working diligently to get disability rights highlighted in the public eye, especially within the Democratic Party.

Chairman of the group, Ben Spangenberg, has spina bifida and was only 8 years old when the Americans with Disabilities Act (ADA) was signed in 1990. Ben and others like him have always had accessibility and accommodations provided by the ADA and want to make sure that their rights are not only protected, but expanded to encompass social equality. While many of the older generation with disabilities were lucky to have wheelchair accessibility in public buildings and on buses, the younger generation has a whole new list of important issues, such as workplace enforcement of the ADA, adequate education funding, more public accessibility, home health care aides instead institutionalization and most importantly, universal health care.

The Disability Issues Caucus of the Young Democrats of America has been very vocal about their passion on the universal health care issue. They do not believe that those with disabilities should have to choose, as they oftentimes do, between bettering their lives through employment and losing their health care benefits. The group believes that universal health insurance could address this popular concern and help those with disabilities to live healthy, active and productive lives with the freedom to choose and self-respect.

Why is the group focused on the Democratic Party even though the ADA was signed by President George Bush, while the Disabilities in Education Act was signed by President Gerald Ford? Many say it is because the Republican Party shies away from identity politics, refusing to split their causes into identity groups. Many others say that the Democratic Party has simply been more responsive and alert to disability issues.

Whatever the reasons, the Democratic National Committee now requires that state delegations not only include a proportional representation for women and minorities, but also people with disabilities. This rule was only passed this year and in turn, the Democratic National Convention of 2008 will boast a record high amount of delegates with disabilities. With a new generation taking a stand for disability rights, changes are on the agenda.


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