[nagdu] Full Text LA Times Article - No Food Stamps for Service Dog

[Steve Johnson]

David,

I was working with an individual with a similar situation but regarding a
seizure service and diabetic alert dog.  In Wisconsin, we use something
called Med Remedials which are out of pocket expenses in which service
animal costs can be counted.  The situation in which I  ran into with this
individual was that the County Economic Support office did not allow those
expenses for her.  We appealed this decision to the State's Department of
Health services Civil Rights division in which they promptly responded to.
They did indeed find that the practice was discriminatory, and the
regulations in our State's food share, i.e. food stamp or SNAp program have
been changed.  

Although the regulatioins may indeed address the issue of consumption by
humans, there are other ways in which an individual can postentially get
their SNAP allotment increased through this.  It is kind of like a BWE.  I
thought everyone would be interested in this.

Steve & Leader Dog Misha

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of David Baker
Sent: Friday, April 09, 2010 7:56 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: [nagdu] Full Text LA Times Article - No Food Stamps for Service Dog

Here is the full text from the LA Times, April 6 2010
--------------------------------

Food stamps won't be helping a disabled man fill his service dog's food
bowl.

James Douris lost a key court decision Tuesday in his yearlong effort to
qualify his male boxer, who is fed everything Douris eats, as a dependent
member of his household in calculating food stamp benefits.

A three-judge Commonwealth Court panel upheld an earlier Department of
Public Welfare's determination that the dog was ineligible because he is not
human.

"This court is sympathetic to [Douris'] argument that his service dog is a
necessity for him due to his disability, and that he lacks the funds to
properly feed his service dog," wrote Judge Renee Cohn Jubelirer. "We hope
that there is some other state or federal program that might provide for the
maintenance and upkeep of [the] dog."

Douris, 55, a resident of Newtown in the Philadelphia suburbs, is a disabled
and unemployed veteran who lives alone and relies on the dog to pull his
wheelchair and fetch items. Although Douris has represented himself in the
legal proceedings, he said Tuesday that news of his case prompted lawyers to
offer their help, and he plans to appeal the decision.

"This is a mistake on the part of the court and also the welfare board,"
said Douris, who cited security concerns in deciding not to disclose the
dog's name.
"My phone's been ringing off the hook."

He appealed a Bucks County Assistance Office decision to grant him $176 a
month in food stamps in February 2009, saying the amount was insufficient to
feed himself and the dog. Douris later testified that he feeds the animal
dog food as well as "meat, poultry, vegetables and everything [he] eats,"
according to Jubelirer's written opinion.

The dog requires supplemental nutrition because of its work for him, Douris
said.

Extending benefits to the dog would fundamentally change the food stamp
program, Jubelirer wrote. He rejected Douris' argument that the denial of
food stamps to the dog would effectively kill the animal and therefore
constitute an act of criminal animal cruelty.

Douris said Tuesday the dog has not been starving and that he would not let
that happen.

Department of Public Welfare spokesman Mike Race said the agency was
sympathetic to Douris but pleased that the court ruled in its favor.

"As the court noted, federal law is ''unambiguously clear' that food stamp
benefits are intended for humans only," Race said.

-- Associated Press




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