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My daughter has an Emotional Support Dog and her college…

Customer Question
My daughter has an...

My daughter has an Emotional Support Dog and her college will allow the dog but only if I give them detailed information regarding her health. I have given them some things such as anxiety attacks panic attacks and her doctor has given a letter but this one person wants details to regarding her condition and i know legally they cannot ask this is there something I can do to make her stop asking

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Chicago Illinois

Lawyer's Assistant: Has anything been filed or reported?

With? I have filed all the documentation regarding the ESA dog and her conditions but I dont want to give them all her details isnt that covered under HIPPA laws

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The doctor has given a doctors note as to why she needs the ESA dog, and we have filled out the paperwork for the school but this one Assistant director insists on more details

Submitted: 7 months ago.Category: Legal
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Answered in 8 minutes by:
12/5/2017
Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,596
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Daughter is under no legal obligation to provide her private medical information to them simply because they are being intrusive. She can tell them that this is confidential medical information and under the ADA all she has to provide is the "prescribing letter" from her treating medical care provider.

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Should they continue their discriminatory and illegal actions, she will contact a local civil rights attorney and proceed to file a federal discrimination lawsuit for their unlawful actions.

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Then the ball is in their court as to whether they want to risk getting sued over this.

.

.

thanks

Barrister

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Customer reply replied 7 months ago
The person has said that my daughters registered ESA needs to be removed because I did not comply with full details as to how the dog will assist and what her conditions are. She has threatened to take disciplinary actions against her. Is there a letter you can write for me to give them to let them know and understand they are violating her rights and the law
Lawyer: Barrister, Attorney replied 7 months ago

They are simply wrong and ignorant about the ADA and federal laws regarding Service Animals and ESAs.

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Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews. You would be looking for a civil rights or disability rights attorney..

.

.

thanks

Barrister

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Customer reply replied 7 months ago
This is her comment "To help expedite your follow up with Arianna’s mental health provider, please ask him to provide (i) additional detail regarding the symptoms of Arianna’s anxiety necessitating the need for an assistance animal, such as what constitutes anxious feelings and poor function, (ii) how this specific assistance animal will induce calmness through creating an emotional connection, and (iii) the date of the diagnosis, which is illegible on our copy. Finally, please note that in the paperwork the doctor identified the animal as a pet."
Lawyer: Barrister, Attorney replied 7 months ago

That presents a problem because an ESA is not a pet... An ESA is considered an assistive aid, like a wheelchair, not a pet under the ADA... the doctor who is treating her should have known that and drafted his letter properly. There are template letters out there for doctors and other health care providers to use that will specifically meet all the requirements under the law for a "prescription".

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So she needs to return to her doctor and have him draft a proper letter regarding her medical need for an ESA..

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Customer reply replied 7 months ago
Im sure he misspoke but on the ESA's site they also at times regard it as a pet. Again she is fine with all the documentation except for more detailed information of her medical records
Lawyer: Barrister, Attorney replied 7 months ago

Then daughter's option is to dig in as I stated and refuse to provide her personal medical information and the the ball is in their court as to whether they want to take further action and get sued for illegally discriminating against her..

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thanks

Barrister

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