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SubRosa Mental Services, LLC

Life Coaching & Emotional Support Animals

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ADA and Disabilities

April 15, 2023 by Shiloh Martin, LPC-S, CCMHC

Under the Americans with Disabilities Act (ADA), mental disabilities are considered to be a type of disability that can impact major life activities. Mental disabilities include a wide range of conditions that affect a person’s mood, thinking, behavior, and emotional state.

Examples of mental disabilities that may be covered under the ADA COULD include:

1. Major depressive disorder
2. Bipolar disorder
3. Schizophrenia
4. Anxiety disorders, such as generalized anxiety disorder, panic disorder, and obsessive-compulsive disorder
5. Post-traumatic stress disorder (PTSD)
6. Attention-deficit/hyperactivity disorder (ADHD)
7. Autism spectrum disorder (ASD)
8. Intellectual disability
9. Traumatic brain injury (TBI)
10. Substance use disorder

It is important to note that a diagnosis of a mental illness alone DOES NOT automatically qualify an individual for protection under the ADA.

The mental disability must also substantially limit one or more major life activities to meet the definition of disability under the ADA.

Some examples of major life activities that may be impacted by mental illness include:

Learning: Mental disabilities can impact a person’s ability to learn, concentrate, and understand information, making it difficult for them to succeed in academic or vocational settings.

Working: Mental disabilities can affect a person’s ability to perform job tasks, communicate with coworkers or supervisors, and meet job requirements.

Caring for oneself: Mental disabilities can impact a person’s ability to care for their own physical and emotional needs, including basic activities such as bathing, dressing, and grooming.

Not being social by itself is not a major life activity but it can affect other major life activities.

Concentrating: Mental disabilities can affect a person’s ability to concentrate and focus on tasks, making it difficult for them to complete activities that require sustained attention.

Regulating emotions: Mental disabilities can affect a person’s ability to regulate their emotions, leading to mood swings, irritability, and difficulty coping with stress.

Sleeping: Mental disabilities can impact a person’s ability to get restful sleep, leading to sleep disturbances or insomnia.

It’s important to note that the impact of mental disabilities on major life activities can vary from person to person, depending on the type and severity of the disability.

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Links & Resources

  • American with Disabilities Act FAQ for Service Animals
  • Different Types of Psychiatric Service Dogs
  • Emotional Support Animals
  • What is the forensic evaluation I am doing?
  • Who Can and Cannot Do Forensic Evaluations for Emotional Support Animals and Psychiatric Service Dogs

Books

Written by Dr. Shiloh W. Martin, the book draws on his personal faith and professional expertise to provide guidance and encouragement for individuals struggling with mental health issues and their loved ones. The book explores various mental illnesses–such as depression, anxiety, and bipolar disorder–and uses scriptures to provide comfort, hope, and practical advice.

Click for details

The Anxiety Solution: Regaining Control and Finding Peace,” extends a helping hand to guide you through the labyrinth of anxiety toward a sanctuary of tranquility.

In this empathetic and insightful guide, you’ll discover practical and proven techniques to not only alleviate anxiety but to empower yourself with lasting peace.

Click for details

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Please Note: Shiloh Martin, PhD provides all forensic evaluations. He is a licensed mental health provider in Alaska, Arizona, Hawaii, Missouri, Oklahoma, South Carolina, Texas, and Georgia. Verification of licensure can be verified through each state's licensure board. Dr. Martin is a Nationally Board Certified Counselor registered WITH NBCC. #271022. NPI# 1255588901.

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