The end of the fight?

We finally heard back from the Social Security office this past week. The supervisor called and apologized to John (no formal written apology), and said he'd take John's advice about using the ADA definition of Service Dogs from now on in the office. Everything sounded good and he seemed to be getting a clue about Service Dogs...but then he had to go and ruin it by saying, "Yeah, and next time you come in, just give us a call firs, so we know you're coming." Um...why? *eye roll*

But we did hear from the main SSA office...who were extremely apologetic, and also said that they'd use the ADA description from now on also. The office of the Inspector General had called them after getting John's complaint. So the wheels are turning slowly, but they are turning...and the parties involved are calling to apologize.

Things are looking up. Now we just have to "lose" John's Social Security card so he has an excuse for going back into that office...with no phone call in advance of course.

~SDS

Access DENIED! Part 2

Sorry I haven't gotten on here to post lately...to catch everyone up on the continuing drama with the Social Security Administration. John's been hogging the computer and talking on the phone. He's been very busy talking to lots of different people regarding this debacle.

For those that didn't know...here is the law that covers Assistance Dogs (and Assistance Dogs in Training) for federal buildings. It is not the ADA, but the General Services Administration.
Here is the law for federal buildings owned or leased under General Services Administration(GSA) The first one is:

[Code of Federal Regulations]
[Title 41, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR101-20.311]

[Page 212]
TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS--Table of Contents

Subpart 101-20.3--Conduct on Federal Property

Sec. 101-20.311 Dogs and other animals.

Dogs and other animals, except seeing eye dogs, other guide dogs,
and animals used to guide or assist handicapped persons, shall not be
brought upon property for other than official purposes.

The second is from www.regulations.gov , search for GSA-2005-0041-0001.

[Federal Register: November 8, 2005 (Volume 70, Number 215)]
[Rules and Regulations]
[Page 67785-67860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no05-5]

GSA's real property policies contained in this part and parts 102-
72 through 102-82 of this chapter apply to Federal agencies, including
GSA's Public Buildings Service (PBS), operating under, or subject to,
the authorities of the Administrator of General Services.

Sec. 102-74.425 What is the policy concerning dogs and other animals
on Federal property?

No person may bring dogs or other animals on Federal property for
other than official purposes. However, a disabled person may bring a
seeing-eye dog, a guide dog, or other animal assisting or being trained
to assist that individual.

(This means that they couldn't kick Mom and Denver out either.)

Let me tell what's been happening since I last posted:

John called and filed a complaint against the SSA office that denied us access...via the SS Fraud Hotline. He then called the local office and asked to speak to the supervisor...the one that was "out" when we were there. John was told that he'd call back, but after waiting all day, John called again and asked to speak to him again. I was next to him the entire time, and was listening intently. The supervisor got on the line, and apologized for not getting back to him sooner. John went over the situation again for him. He gave him the info on the law that covers federal buildings and Assistance Dogs ( and asked that they review their "policies" regarding Assistance Dogs and asked also for a formal apology. Guess what happened next?

Mom and I were listening to John's end of the conversation, and we were expecting John to say something along the lines of "Thanks, etc" Instead we were surprised to hear John defending himself and me again! The supervisor told him that there was a question as to John's disability (though he did say "I know I can't ask you what your disability is!")...and a question as to what he needed the dog (meaning me! of all things! hmph!) for in the SSA office. John explained what he needed me for (in case he dropped something, etc)...and told him that he didn't know anyone that hopped in a scooter and drove to the SSA with their dog, just for grins and giggles. The guy kept insisting that he didn't NEED me (the dog, remember?) at the SSA office. John was not pleased when he hung up the phone.

He then called the SSA Office of Inspector General, Senator Barbara Mikulski's office and the ACLU. We're waiting to hear back from all of them. The ACLU was interested, and will be discussing the situation at their next meeting...and will be getting back to John on Thursday.

Right now it's a waiting game...I'll keep you posted when we know more!

~SDS

Access DENIED!

We got denied access last week...for the first time in a LONG time. It was surprising and unpleasant. Where was this backwards location that didn't know that Service Dogs were the same as Guide Dogs?

Our local Social Security Administration office. A government building. Seriously.

Here's the whole story...

Mom and John needed to get new Social Security cards...so they cleared their schedules for Friday. We all got in the van, and drove up to Westminster to our county's SS office. It was me and John, and Mom and Denver (service dog in training). We all got out of the van when we got to the office building. Mom and Denver stayed outside to close the van. John and I went inside. There was a security guard in the small lobby.

She asked "What kind of dog is that?"
John said, "He's an Australian shepherd."
She then said, "No, what does he do?"
John responded, "He's a Service Dog."
She asked, "So he's not a Guide Dog?"
John said, "No, he's a Service Dog."

She got up and left her post and told us to take a number and wait in the lobby. Mom and Denver came in while she was getting up from her desk. She asked if Denver was a Service Dog also. The guard then went through a doorway leading to the back offices.

The guard came back with another woman who proceeded to tell us that dogs were not allowed in the building. John tells her that in fact, yes, we are allowed...as I am a Service Dog, and Denver is a Service Dog in Training. Usually at this point, people back down...even if they grumble a little bit. This woman just said..."They both help you? What do they do to SERVE you? You don't need both of them in here." Mom and John explained further about what I do for John, and what Denver will do in the future. She just kept getting more and more angry and getting closer and closer to to me and John. She said that the supervisor's policy was that only Guide Dogs were allowed in the office. We asked to speak to him...but he was "out".

This woman proceeded to keep getting closer and closer to John and me...and was very angry. I jumped up onto my hind legs because I was upset. (I did not touch her, btw) She jumped back and said angrily..."See! This is why we don't allow dogs in here!" Mom was very annoyed by this especically, and muttered "OH SHUT UP!" (Mom says hopefully only Denver and I heard that.)

At this point, Mom handed her a card that they often carry, the "I am a Service Dog" cards from sitstay.com, and recommended that she call the number on the back. These cards have a 1-800 number for the DOJ's ADA hotline. You can call and ask questions about the law, and ask specifically about how it pertains to Assistance Dogs. The woman takes the card and walks into the back offices. We hear her ranting back there too...though it wasn't clear what exactly she was saying. She was gone for a while, and we sat in the lobby waiting. Of course John and Mom were mad, so they were saying things like "Oh, so if I close my eyes and pretend I'm blind, it'll be okay?" We were all really annoyed...I didn't want to lie down and relax...I knew something was wrong with this situation. The only one that kept calm was Denver, he was asleep under the chair.

The woman comes out a while later and says that she talked to the folks on the ADA line, and that they couldn't help her. Turns out that because the SSA is a federal administration, they're not covered by the ADA. (HUH???) So she tells us that we have to leave. John is annoyed GREATLY by this and tells her that no, that's not going to happen...as we need the cards done today, because this is our free day to come to the SSA. She tells us that while we might have all day to stand here and argue, she doesn't...so she'll compromise. (good thing, because we DID have all day to stand there!

Her compromise is that Mom and Denver leave the building and she'll help John first. Then John will go outside and watch Denver while Mom goes in the building alone. Since John and Mom weren't sure about the rules regarding federal agencies and dogs in training, they agree to this. Mom goes outside with Denver...John and I go up to the counter. Then we went out, and watched Denver (who was asleep again)...and Mom went in by herself. Mom also found some Fidos For Freedom cards and gave them a stack. (the mean lady took one and gave the rest back) Honestly, the time it took to get the cards was much less than the time it took for her to argue with us and call the DOJ.

John said he's truly amazed at this attitude...he has personally been on demos with Fidos to the Social Security Administration main office in Maryland many times. Now he's been working on finding out what law or act covers federal offices and Service Dogs if the ADA does not. More on this in the next post! John's got a project...and he's not giving up!

~SDS
(Who knows HE has no rights in this matter...but is still upset!)

DOJ ADA Leak...Only Dogs to Be Service Animals

There's nothing official yet...this article was posted by someone that got a leaked proposal from the DOJ.

Click the title above to go to the full story.

Basically, the Dept. of Justice is revising the ADA to specify that only dogs can be service animals...and there will be no grandfathering. What happens to the people using other animals already? Ugh. This is a mess.

~SDS