A Social Security Claimant's Statement That She is Disabled and Unable to Work Does Not Necessarily Preclude a Subsequent ADA Wrongful Termination Claim: Cleveland v. Policy Management Systems Corporation

Authors

Jane M. Keenan

Abstract

The Supreme Court of the United States held that the application for or receipt of social security disability benefits does not automatically estop a plaintiff from maintaining an ADA claim and that no rebuttable presumption arises when the two claims coincide; however, such a plaintiff must be prepared to sufficiently explain any apparent contradiction between (1) statements of total disability and inability to work made for the purpose of obtaining disability benefits and (2) a claim that the plaintiff is able to work but has been wrongfully terminated under the ADA.

Cleveland v. Policy Management Systems Corporation, 119 S. Ct. 1597 (1999).

First Page

685

Recommended Citation

Jane M. Keenan, A Social Security Claimant's Statement That She is Disabled and Unable to Work Does Not Necessarily Preclude a Subsequent ADA Wrongful Termination Claim: Cleveland v. Policy Management Systems Corporation, 38 Duq. L. Rev. 685 (2000).
Available at: https://dsc.duq.edu/dlr/vol38/iss2/12