Emotional Support Animals v. Service Animals

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You may receive questions or requests about Emotional Support Animals and Service Animals. Here, we explain the difference between the two, and what it means for you.

Still have a question? Submit a ticket here and ask our attorneys. Make sure to ask your RCD first.

Is there a difference between a "service animal" and an "emotional support animal"?

While a “service animal” and an “emotional support animal” (often referred to in shorthand as an “ESA”) are two labels that are often used interchangeably in casual conversation, they are actually distinct concepts with separate requirements and protections. What is true about both a service animal and an ESA is that, in the eyes of the law, neither are considered “pets” and instead are animal companions that serve distinct functions for their humans. The key difference between a service animal and emotional support animals, is that only dogs who have received specialized training to perform a specific task or tasks for an individual with a disability are considered service animals.

What is considered a "service animal"?

The concept of a service animal is established in the context of the Americans with Disabilities Act (“ADA”). Under the ADA, a service animal is defined as a dog that bas been individually trained to do work or perform tasks:

(i) for an individual with a disability;

and (ii) related to the person’s disability.

A prime example of a service animal would be a seeing-eye dog, but may also include other sorts of dogs, like those that are trained to detect the onset of seizures in people with epilepsy or even those who are trained to alert their diabetic owners of blood sugar events! As you probably picked up on from the definition, the ADA specifically limits the definition of service animal to dogs, which is another key difference from ESAs, as discussed below (interestingly, while they do not qualify under the definition of “Service Animal”, the ADA’s regulations also afford similar protections to miniature horses when they meet certain requirements).

If a dog qualifies as a service animal, the ADA generally protects the ability for the individual to bring the animal into places of public accommodation, including places where animals are typically not allowed. The ADA has great resources, check out their frequently asked questions here.

What is considered an "emotional support animal"?

According to the U.S. Department of Housing and Urban Development (HUD), an emotional support animal is any animal that provides emotional support alleviating one or more symptoms or effects of a person’s disability. Emotional support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. Emotional support animals are not limited to dogs.

When can a dog be considered a service animal or an ESA?

The U.S. Department of Justice’s (“DOJ”) Disability Rights Section (the agency tasked with implementing the ADA) has published helpful guidance on the issue of service animals and ESAs as they relate to anxiety. Specifically, the DOJ has indicated that a dog who has been trained to sense when an anxiety attack is about to happen and take specific action to help avoid the attack, or lessen its impact, would qualify as a service animal. On the other hand, if the mere presence of the dog provides comfort and anxiety relief, then the dog would not qualify as a service animal and may instead qualify as an ESA, if they meet all the requirements. Either way, it is important to remember - a pet is neither.

What do I do if my client asks for a letter of support for an ESA?

This is ultimately left to our clinicians’ professional judgment, with caveats. There are some aspects that you should carefully consider before doing so. First, and most importantly, you should consult with your applicable code of ethics and make sure that you are staying within your professional boundaries of competence. For example, Thriveworks clinicians should never write a letter for someone who is not in treatment and who specifically sought counseling just so that they could get an ESA letter written for them – this is outside of the scope of services that Thriveworks offers. There are also potential liability concerns to consider, especially if you are not familiar with the animal and its tendencies. For all of these reasons (and more), it is highly recommended to have clients discuss ESA documentation with their primary care physician or another specialist who is specifically trained in animal therapy.

If you do wish to complete ESA documentation for your client and are comfortable in your professional ability to do so, please reach out to your RCD before sending any letters.

*Note: Thriveworks does not endorse the accuracy of any third party website listed on this Knowledge Base.

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