Duquesne Law Review


Jane M. Keenan


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).

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