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Emotional Support Animal FRAUD

August 11, 2023 by Shiloh Martin, LPC-S, CCMHC

Fraud is intentional deception to secure unfair or unlawful gain…

or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong.

The widespread use of emotional support animals (ESA) has increased dramatically in recent years. An ESA is an animal that provides comfort and support to individuals with emotional or mental disabilities. However, the growing trend of individuals falsely claiming their pets as emotional support animals is causing concern among many communities.

One of the major reasons behind this problem is the lack of regulation surrounding the certification of ESAs. Currently, there are no standard certifications or training requirements for ESAs, making it easier for individuals to falsely claim their pets as ESAs. In many cases, individuals are able to obtain “certifications” or “registration” for their pets by simply filling out an online form and paying a fee.

This abundance of fake ESAs has led to negative consequences for those with legitimate ESAs. For example, fake ESAs may engage in disruptive behavior, such as barking or biting, which can undermine the credibility of ESAs as a whole. Additionally, the presence of fake ESAs can make it harder for individuals with legitimate ESAs to access public places, as property owners and landlords may become more skeptical about allowing any animals on their premises.

Another issue with fake ESAs is that they can also put strain on the limited resources available for individuals with genuine emotional and mental disabilities. For example, individuals with genuine ESAs may struggle to find affordable housing options that allow ESAs, while fake ESAs may take up space in such properties without the need.

In order to address the abundance of fake emotional support animals, there is a growing call for stricter regulations and certification standards for ESAs. This could include mandatory training and certification for ESAs, as well as increased penalties for individuals who falsely claim their pets as ESAs. 

In addition to fake emotional support animals is an increase in fake “ESA letters”.  This happens when a person creates a  report on their own or uses an expired report to pass off as  a legitimate evaluation.  Doing this is considered purposely misrepresenting a federal law for personal gain. Penalties could include a variety of things and can include up to 5 years in prison and up to a $10,000 fine.

The abundance of fake emotional support animals is a growing concern that undermines the credibility of ESAs and creates difficulties for individuals with legitimate ESAs. It is important that appropriate measures are taken to address this issue and ensure that individuals with emotional and mental disabilities have access to the support they need.

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  • American with Disabilities Act FAQ for Service Animals
  • Different Types of Psychiatric Service Dogs
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  • 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.

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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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