SERVICE DOGS & WINNING YOUR DISABILITY CLAIM

DOES THE SSA CONSIDER YOUR SERVICE DOG WHEN DECIDING YOUR DISABILITY CLAIM?

If you rely on a service dog every day, then you may wonder whether the SSA considers that when deciding your SSDI and SSI claim. Many people believe having a service dog automatically proves they have a severe disability. Others worry that using a service dog will hurt their chances of getting SSD benefits. The answer to their questions falls somewhere in the middle.

A service dog can play an important role in your daily life. For example, your dog may help you walk safely, pick up items, remind you to take medication, or provide other important tasks. While these services can make your life easier, the SSA does not award SSD benefits simply because you have a service dog.

Instead, the SSA focuses on one question. Can you work despite your medical condition? To answer that question, the SSA reviews your medical records, your symptoms, your treatment, and your ability to perform work activities. Your service dog may be part of your story, but it is not the deciding factor in whether you win benefits.

Many clients ask us whether they should tell the SSA about their service dog. The answer is yes. While the presence of a service dog does not guarantee approval, it can provide important information about how your medical condition impacts your daily life.

WHAT IS A SERVICE DOG?

A service dog is a dog that receives special training to perform specific tasks. These tasks usually relate to your physical or mental condition. The dog provides comfort. But, it also performs work that helps you function with independence.

Service dogs help people with many different medical conditions. Some guide people who are blind. Others alert people who are deaf to sounds around them. Some dogs detect seizures before they happen. Others help people with diabetes recognize dangerous blood sugar changes. Some dogs assist people who use wheelchairs by opening doors, finding objects, or helping with balance.

Psychiatric service dogs also perform important tasks. They may interrupt panic attacks, wake someone from nightmares, remind a person to take medication, or guide someone away from difficult situations. These dogs perform tasks instead of simply offering emotional support.

Therefore, the training that service dogs receive sets them apart from ordinary pets. Their work often allows people with severe medical conditions to live on their own while remaining as safe as possible.

SERVICE DOGS ARE DIFFERENT FROM EMOTIONAL SUPPORT ANIMALS

Many people confuse service dogs with emotional support animals. The difference matters. An emotional support animal provides comfort simply through its presence. While emotional support animals may help people cope with anxiety, depression, or other mental health conditions, they do not receive special training to perform tasks. Therefore, an emotional support dog or other animal is not seen as a sign of being unable to work by the SSA.

A service dog, however, performs specific jobs that directly help your function during normal daily activities. The dog does trained tasks that you cannot easily perform alone.

For example, a service dog can operate light switches, push elevator buttons, open doors, and open drawers. It can also assist with shoes, move laundry, carry items in packs, and find bathrooms or retrieve medical equipment. Importantly, a service dog can detect high blood sugar, get a phone or medications, and alert others if you are unconscious.

The SSA places greater value on objective medical evidence than on the simple fact that you own either a service dog or an emotional support animal. Neither automatically proves disability. But, if you need a service dog at work, then the SSA must take that fact into consideration when they determine what type of job you can do.

If your doctor recommends an emotional support animal, that alone does not establish you cannot work. Likewise, having a service dog does not automatically mean you qualify for SSD benefits.

DOES THE SSA HAVE SPECIAL RULES ABOUT SERVICE DOGS?

The SSA does not have a listing in their Blue Book that addresses service dogs. There is no rule stating that everyone with a service dog qualifies for SSD benefits. There is also no rule saying that having a service dog prevents someone from getting benefits. Obviously, one of the other factors the SSA will consider is that having a service dog may make it possible for you to work. For example, if you are blind, then having a service dog may help you take a bus to work or assist you at work by leading you to the bathroom, filing cabinets, or to meetings in a conference room.

Instead, the SSA evaluates your underlying medical condition and how severe it is. Therefore, having a service dog can be evidence of a severe medical condition. For example, someone with epilepsy may use a seizure alert dog. Another person with multiple sclerosis may use a mobility assistance dog. Someone with PTSD may have a mental health service dog. The SSA still evaluates whatever medical disorder you have using its regular listing rules. They evaluate whether you meet the listing under step three of the review process.

Your service dog becomes one piece of evidence rather than the primary issue.

The SSA also reviews whether your medical condition meets a disability listing or whether your remaining ability to work prevents you from performing substantial work on a regular basis.

THERE ARE TWO TYPES OF SOCIAL SECURITY BENEFITS

There are two types of benefits for which you can file an application: Social Security Disability Insurance benefits and Supplemental Security Income benefits. You can file an application on Social Security’s website. Below is an explanation as to each type of benefit:

Social Security Disability Insurance (SSDI):  

SSDI benefits are for those who work and can no longer work at any job due to a severe medical condition. The amount of money you receive in SSDI benefits is based on the taxes you paid while you were working. To qualify for SSDI, you must have enough work credits. A work credit is an amount of taxable income. You can earn up to 4 work credits per year.

SSDI benefits can be paid one year prior to the date of your application, as long as you were not working and can prove your medical condition to the SSA. The amount of work credits you need to qualify for SSDI benefits depends on how old you are when you apply. If you don’t have enough quarters of coverage for your age at the time you apply, then you can only file for Supplemental Security Income benefits.

Supplemental Security Income (SSI):  

SSI is a needs based benefit. That means it is for people with little to no income, such as children and the elderly. Anyone with family income of, for example, $5000 a month cannot receive SSI benefits. The SSA counts the income of those in your household, not just your income and assets. Additionally, the SSA will count your assets. If you have a boat or ATV, then that may make it so you don’t qualify for SSI. You cannot win SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules for SSI.

WHY YOU SHOULD TELL THE SSA ABOUT YOUR SERVICE DOG

Although a service dog does not guarantee approval of your benefits, you should still tell the SSA if you rely on one every day. The SSA evaluates both your physical abilities and mental abilities. You can do yourself a favor by actually stating on your Daily Living form why you need a service dog. For example, instead of writing, “I have a service dog to help me.” You could  write, “I cannot work without my service dog, because she tells me if I am about to have a seizure. I am able to go lie down prior to a seizure because of her warning. Therefore, I don’t fall and hurt myself. I have a seizure at least once a week. After I have a seizure, I must lie down for two hours to recover.”

Your service dog helps paint a complete picture of your life. If you depend on your dog to walk safely, detect a seizure, retrieve medication, or interrupt panic attacks, then that information helps explains your medical condition. You need to write about specific examples on the forms you submit to the SSA. You also need to use numbers when you describe your symptoms.  Using the above example, the SSA now knows you have a seizure once a week. The SSA also knows you need to lie down for two hours after a seizure.

The reason this is important is the SSA must determine whether you can complete a 40 hour work week, even if you are having a seizure once a week. If you don’t tell the SSA and your doctor that you have seizures this often, then they don’t know. Your medical records must document how often you are having a seizure. They should also document how long recovery takes.

TREATING MEDICAL RECORDS ARE THE BEST EVIDENCE

Many people believe their service dog proves they have a severe disability. Unfortunately, the SSA does not make decisions that way.

Instead, medical records are the foundation of every SSD claim. Your doctor should document your diagnosis, your symptoms, your treatment, your medications, and your response to treatment. The SSA also reviews imaging studies, laboratory testing, specialist evaluations, hospital records, therapy notes, and other medical evidence.

They will also consider any opinion from your treating doctor or medical provider along with the rest of your evidence. If your doctor explains why a service dog is necessary and describes the specific limitations for which you require assistance, then that opinion will be helpful. The best medical opinions explain how your condition limits your ability to work rather than simply stating that you have a diagnosis. Millions of people diseases and illnesses, but they still go to work.

You have to prove that you can’t work at any job. If your records consistently show severe limitations, then having a service dog reinforces those findings. However, if your records contain little objective evidence, then simply having a service dog will not overcome those weaknesses. Strong medical evidence remains the key to winning SSDI and SSI benefits.

USE OF A SERVICE DOG MAY SUPPORT YOUR SSD CLAIM

A service dog may support your SSD case in several ways. The SSA evaluates what you can do despite treatment, medication, medical devices, and other assistance. If your service dog allows you to perform some daily activities but you still cannot work full time, then you may qualify for benefits.

Many physical disabilities require the assistance of a service dog. People with spinal cord injuries, cerebral palsy, Parkinson’s disease, TBI, and severe arthritis often rely on specially trained dogs. Likewise, someone whose mental health service dog reduces panic attacks may still experience serious problems with concentration or work attendance.

There are many ways to use your service dog to prove your case. First, use of a service dog may prove that your condition requires ongoing assistance throughout the day. Someone who depends on a seizure alert dog, for example, may face medical episodes that interfere with regular work attendance.

Second, a service dog may help explain your daily limitations. If your dog retrieves dropped objects because bending causes severe pain or weakness, that information supports your description of your physical limitations.

Third, your dog’s trained tasks should help you with tasks that relate to your medical condition. Consistency between your testimony, your medical records, and your daily activities strengthens your case. Finally, your service dog may help explain why you can perform certain activities only with assistance. This gives the SSA an accurate understanding of your actual abilities.

HOW TO REPORT YOUR SERVICE DOG ON YOUR DISABILITY FORMS

A recommendation from your doctor for a service dog may help explain your treatment plan, but it does not automatically establish disability. Consistent treatment records should support the medical opinion or your doctor. If they do, then they will receive greater weight than brief statements without explanation.

Since your service dog plays an important role in your daily life you should include that information in your SSA paperwork.

Therefore, describe the specific tasks your dog performs. Explain how often you rely on your dog. Describe how your medical condition affects your daily activities even with your dog’s assistance. Be honest and detailed. It helps the SSA better understand your limitations. Avoid exaggerating your symptoms, but do not minimize your struggles either.

The SSA reviews your daily activities as part of your disability claim. Many people worry because they can cook simple meals, attend medical appointments, or occasionally shop for groceries. The SSA understands that performing limited daily activities does not necessarily mean someone can work full time.

If your service dog makes these activities possible, explain that clearly. For example, you may only leave your home safely because your service dog accompanies you. You may only walk through stores because your dog provides balance assistance or alerts you to medical problems. Providing this context helps prevent misunderstandings about your abilities.

HOW TO GET A SERVICE DOG FOR FREE

A fully trained service dog costs $50,000. However, it is possible to get a trained service dog for free. There are many nonprofit organizations that provide highly trained service dogs at no cost to people who qualify. However, because the dogs and training can cost $50,000, free programs have strict criteria. They also have a lengthy application processes and wait lists can last several years.

Many organizations offer free or low cost dogs. For example, some organizations include:

CALL TODAY AND HIRE THE BEST SSD LAW FIRM

Applying for SSDI or SSI benefits can be difficult. An experienced SSD attorney understands what evidence the SSA considers important. Your attorney reviews your medical records, identifies missing evidence, and works with your doctors to strengthen your claim. Your attorney also prepares you for hearings before an Administrative Law Judge if your case reaches that stage.

Rather than focusing only on your diagnosis, your attorney proves how your symptoms prevent full time work. Our legal representation helps present the best possible picture of your medical condition. We have won over 20,000 SSD cases in the past three decades. Hire the best SSD law firm to help you win benefits. Hire us.

Remember, the SSA does not award SSD benefits simply because you have a service dog. The SSA evaluates your medical condition, your symptoms, treatment history, and your ability to perform full time work. Your need for assistance shows the challenges you face each day.

When combined with strong medical records, consistent treatment, and detailed descriptions of your daily limitations, information about your service dog can become an important part of your claim. If you are filing an application for SSDI or SSI benefits and have questions about your case, then the attorneys at our SSD law firm can review your claim. We can also explain your options for free and help you present the evidence to the SSA.