A party cannot create a genuine issue of material fact by contradicting a prior sworn statement without providing a reasonable explanation to resolve the inconsistency.
An individual who receives Social Security Disability Insurance benefits does not face a special presumption of judicial estoppel that prevents them from pursuing a claim under the Americans with Disabilities Act. Although a plaintiff's prior sworn statement of total disability may appear to contradict a claim that they can perform essential job functions with reasonable accommodation, these two positions are not inherently inconsistent. To survive a motion for summary judgment, a plaintiff must provide a sufficient explanation to resolve the apparent disparity between their disability benefits claim and their ability to work with accommodations. The court holds that a party cannot simply ignore such a contradiction without attempting to resolve the discrepancy.
At page 806 Contradictory sworn statements require explanation to survive summary judgment201 citing cases“a party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement (by, say, filing a later affidavit that flatly contradicts that party's earlier sworn deposition) without explaining the contradiction or attempting t…”
- Kwaigaye, No. 3:25-cv-00712 (W.D.N.C. Aug. 24, 2026).(It is ... well-settled within the Fourth Circuit that ‘where a party submits an affidavit that is inconsistent with a witness’s deposition testimony, the contradictory affidavit is disregarded for purposes of summary j…)
- Stroud, No. 3:25-cv-00733 (W.D.N.C. Aug. 4, 2026).(It is ... well-settled within the Fourth Circuit that ‘where a party submits an affidavit that is inconsistent with a witness’s deposition testimony, the contradictory affidavit is disregarded for purposes of summary j…)
- Santiago-Rios, No. 3:24-cv-01170 (D.P.R. Mar. 30, 2026).(a party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement . . . without explaining the contradiction or attempting to resolve t…)
- Stephanie Redding v. Kristi Noem, 168 F.4th 203 (4th Cir. 2026).published([A] plaintiff’s sworn assertion in an application for disability benefits that she is, for example, ‘unable to work’ will appear to negate an essential element of her ADA case . . . .)
- Millsaps v. Iredell Cnty. Dist. Attorney's Off., No. 5:22-cv-00095 (W.D.N.C. Aug. 11, 2025).(It is … well-settled within the Fourth Circuit that ‘where a party submits an affidavit that is inconsistent with a witness’s deposition testimony, the contradictory affidavit is disregarded for purposes of summary jud…)
- Smith v. Transwest Inc., No. 1:23-cv-01246 (D. Colo. Sept. 9, 2024). Cleveland, 526 U.S. at 803 (“[A]n ADA suit claiming that the plaintiff can perform her job with reasonable accommodation may well prove consistent with an SSDI claim that the plaintiff could not perform her own job (or other jobs) without…
- Richard Angelucci v. Alejandro Mayorkas, No. 23-55246 (9th Cir. Apr. 1, 2024).unpublished([A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement (by, say, filing a later affidavit that flatly contradicts that par…)
- Rene v. Mustafa, No. 2:16-cv-04072, 2024 WL 1332556 (E.D.N.Y Mar. 28, 2024).([A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement . . . without explaining the contradiction or attempting to resolve…)
- Simmons v. Mercedes-Benz US Int'l Inc, No. 7:19-cv-02123 (N.D. Ala. Sept. 20, 2021). Corp., 526 U.S. 795, 803 (1999) (“[A]n ADA suit claiming that the plaintiff can perform her job with reasonable accommodation may well prove consistent with an SSDI claim that the plaintiff could not perform her own job (or other jobs) wit…
- Gray v. Nordstrom, No. 3:18-cv-01402 (D. Conn. Mar. 2, 2021).([A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement ... without explaining the contradiction or attempting to resolve t…)
Show 190 more citing cases
- Knight v. Nassau Cnty., No. 2:17-cv-00958 (E.D.N.Y July 22, 2020).([A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement . . . without explaining the contradiction or attempting to resolve…)
- Purnell v. City of Sunnyvale Police Dep't, No. 5:18-cv-02113, 2020 WL 3833286 (N.D. Cal. July 8, 2020).(The general rule in the Ninth 1 Circuit is that a party cannot create an issue of fact by an affidavit contradicting his prior 2 deposition testimony.)
- Keith v. Charter Commc'ns, Inc., No. 1:18-cv-00110 (W.D. Pa. May 12, 2020). (And a plaintiff’s sworn assertion in an application for disability benefits that she is, for example, “unable to work” will appear to negate an essential element of her ADA case—at least if she does not offer a suffici…)
- McAllister v. Innovation Ventures LLC, No. 3:17-cv-00867 (N.D. Ind. Apr. 13, 2020).([A] plaintiff’s sworn assertion in an application for disability benefits that she is, for example, ‘unable to work’ will appear to negate an essential element of her ADA case—at least if she does not offer a sufficien…)
- Haxton v. PL Smithtown, LLC, No. 2:17-cv-03979 (E.D.N.Y Mar. 16, 2020).([A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement . . . without explaining the contradiction or attempting to resolve…)
- Phillips v. Jackson Pub. Sch. Dist., No. 3:22-cv-00223 (S.D. Miss. Nov. 9, 2023). “an ada plaintiff bears the burden of proving that she is a 'qualified individual with a disability'- that is, a person 'who, with or without reasonable accommodation, can perform the essential functions' of her job.”
- Pennsylvania Mfrs.' Ass'n Ins. Co. v. Eshai Corp., No. 2:21-cv-01892 (E.D. Pa. May 3, 2022).(A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement (by, say, filing a later affidavit that flatly contradicts that part…)
- Cooper v. Child.'s Behavioral Health, Inc., No. 3:18-cv-00120, 2021 WL 4481093 (W.D. Pa. Sept. 30, 2021).([A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement (by, say, filing a later affidavit that flatly contradicts that par…)
- Parkervision, Inc. v. Qualcomm Inc., 627 F. App'x 921 (Fed. Cir. 2015).unpublished (a party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement ... without explaining the contradiction or at least attempting to re…)
- Montage Furniture Servs., LLC v. Regency Furniture, Inc., 966 F. Supp. 2d 519 (D. Md. 2013).published ([A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous ... statement ____ without explaining the contradiction or attempting to resolve th…)
- Rhonda Theus v. Glaxosmithkline, 452 F. App'x 596 (6th Cir. 2011).unpublished ([A] party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement. ...)
- Cottrell v. Rowan Univ., 786 F. Supp. 2d 851 (D.N.J. 2011).published “an ada plaintiff bears the burden of proving that she is a 'qualified individual with a disability.”
- Andersen v. Lindenbaum, 160 P.3d 237 (Colo. 2007).published ([The lower courts] have held with virtual unanimity that a party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement.)
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- Lamar v. Wells Fargo Bank & Co., 2 F. Supp. 3d 1202 (N.D. Ala. 2014).published
- Hira v. New York Life Ins., 144 F. Supp. 3d 977 (E.D. Tenn. 2015).published
- Bumbarger v. New Enter. Stone & Lime Co., 170 F. Supp. 3d 801 (W.D. Pa. 2016).published
- King v. Mestek, Inc., 270 F. Supp. 3d 457 (D. Mass. 2017).published
- In re Hardieplank Fiber Cement Siding Litig., 284 F. Supp. 3d 918 (D. Me. 2018).published
- Samuels v. Allstate Prop. & Cas. Ins. Co., 310 F. Supp. 3d 847 (E.D. Mich. 2018).published
- Callender v. Callender, No. 8:17-cv-03249, 2020 WL 1083162 (D. Md. Mar. 6, 2020).
- Angelini v. Baltimore City Police Dep't, No. 1:17-cv-02354 (D. Md. July 28, 2020).
- Hall v. Wadesboro Police Dep't, No. 3:23-cv-00106 (W.D.N.C. Aug. 5, 2024).
At page 804 Describing the five-step procedure for SSDI claims75 citing casesoutlining the questions asked in the five-step procedure
- Pena v. Honeywell Int'l, Inc., 923 F.3d 18 (1st Cir. 2019).published
- Tice v. Centre Area Transp. Auth., 247 F.3d 506 (3d Cir. 2001).published
- Frank Regula v. Delta Fam.-Care Disability Survivorship Plan, 266 F.3d 1130 (9th Cir. 2001).published
- Levin v. Ligon, 45 Cal. Rptr. 3d 560 (Cal. Ct. App. 2006).published
- Kiely v. Heartland Rehab, No. 02-2054 (6th Cir. Feb. 26, 2004).published
- Detz v. Greiner Ind Inc, No. 02-3752 (3d Cir. Oct. 8, 2003).published
- Hans Ehnert v. Washington Penn Plastic Co In, No. 18-3364 (3d Cir. July 29, 2019).unpublished
- Hans Ehnert v. Washington Penn Plastic Co In, 812 F. App'x 71 (3d Cir. 2020).unpublished
- Mims v. T-Mobile USA, Inc., No. 1:19-cv-02972 (D. Colo. Apr. 13, 2021).
- Hernandez v. Comm'r of Soc. Sec., No. 3:17-cv-02341 (D.P.R. Sept. 10, 2019).
Show 65 more citing cases
- Galarza Baerga v. Comm'r of Soc. Sec., No. 3:17-cv-02202 (D.P.R. Sept. 9, 2019).
- Agosto v. Berryhill, No. 3:18-cv-01271 (D.P.R. Nov. 20, 2019).
- Nieves v. Comm'r of Soc. Sec., No. 3:18-cv-01396 (D.P.R. Oct. 17, 2019).
- Ortiz v. Comm'r of Soc. Sec., No. 3:18-cv-01248 (D.P.R. Sept. 30, 2019).
At page 803 Distinction between ssd i and ada disability determinations63 citing cases“an ada suit claiming that the plaintiff can perform her job with reasonable accommodation may well prove consistent with an ssdi claim that the plaintiff could not perform her own job (or other jobs) without it.”
- Fletcher, No. 2:25-cv-00027 (E.D.N.C. Sept. 9, 2026).(when the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of ‘reasonable accommodation’ into account’)
- Tayag, No. 5:25-cv-06785 (N.D. Cal. Sept. 8, 2026).([W]hen the SSA determines 7 whether an individual is disabled for SSDI purposes, it does not take the possibility of ‘reasonable 8 accommodation’ into account, nor need an applicant refer to the possibility of reasonab…)
- Smith v. Transwest Inc., No. 1:23-cv-01246 (D. Colo. Sept. 9, 2024). ([A]n ADA suit claiming that the plaintiff can perform her job with reasonable accommodation may well prove consistent with an SSDI claim that the plaintiff could not perform her own job (or other jobs) without it.)
- Jeanne Johnson v. City of Kansas City, Missouri, 695 S.W.3d 165 (Mo. Ct. App. 2024).published ([W]hen the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of ‘reasonable accommodation’ into account, nor need an applicant refer to the possibility of reasonable a…)
- Ajayi v. Saul, No. 1:20-cv-00698 (N.D. Ill. June 10, 2022).(it would have been inappropriate for the VE to inject, or the ALJ to consider, assumptions about employer accommodations into testimony or the decision.)
- Greer v. Soc. Sec. Admin. Comm'r, No. 2:20-cv-00362 (D. Me. Jan. 12, 2022).([W]hen the SSA [Social Security Administration] determines whether an individual is disabled for SSDI [Social Security Disability Insurance] purposes, it does not take the possibility of ‘reasonable accommodation’ into…)
- Simmons v. Mercedes-Benz US Int'l Inc, No. 7:19-cv-02123 (N.D. Ala. Sept. 20, 2021). ([A]n ADA suit claiming that the plaintiff can perform her job with reasonable accommodation may well prove consistent with an SSDI claim that the plaintiff could not perform her own job (or other jobs) without it.)
- Keller v. Comm'r of Soc. Sec., No. 1:19-cv-01671 (W.D.N.Y. Mar. 29, 2021).([W]hen the SSA determines whether an individual is disabled for [DIB] purposes, it does not take the possibility of ‘reasonable accommodation’ into account, nor need an applicant refer to the possibility of reasonable…)
- Parker v. Comm'r of Soc. Sec., No. 6:19-cv-01171 (N.D.N.Y. Feb. 19, 2021).([W]hen the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of ‘reasonable accommodation’ into account, nor need an applicant refer to the possibility of reasonable a…)
- Turner v. Dist. of Columbia Off. of Human Rights, 243 A.3d 871 (D.C. 2021).published([A]n ADA suit claiming that the plaintiff can perform her job with reasonable accommodation may well 5 Dr. Alim’s December 4, 2015 letter stated that Ms. Turner was scheduled for a follow-up appointment on December 15,…)
Show 53 more citing cases
- Pate v. Saul, No. 1:19-cv-11594, 2020 WL 3105075 (D. Mass. June 11, 2020).([W]hen the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of ‘reasonable accommodation’ into account.)
- (SS) Lazar v. Comm'r of Soc. Sec., No. 1:21-cv-00972 (E.D. Cal. Sept. 30, 2022). Corp., 526 U.S. 795, 803 , 119 S. Ct. 1597, 1602 , 143 L.
- Russell v. Cooley Dickinson Hosp., Inc., 772 N.E.2d 1054 (Mass. 2002).published
- Walters v. Comm'r, Soc. Sec. Admin., No. 1:22-cv-00722 (D. Colo. Jan. 18, 2023).
- Jacqlyn Smith v. Clark Cnty. Sch. Dist., 727 F.3d 950 (9th Cir. 2013).published
- Soileau v. Comm'r, Soc. Sec., No. 1:23-cv-01404 (D. Md. July 9, 2024).
- Soileau v. Comm'r, Soc. Sec., No. 1:23-cv-01404 (D. Md. Dec. 3, 2024).
- Miller v. Riverside RV Inc, 455 F. Supp. 3d 813 (N.D. Ind. 2020).published
- James Raymond King v. Missouri Am. Water Co., 703 S.W.3d 184 (Mo. Ct. App. 2024).published
- The Black & Decker Disability Plan v. Kenneth L. Nord, 538 U.S. 1 (2003).published
- Black & Decker Disability Plan v. Nord, 538 U.S. 822 (2003).published
- Minter v. Dist. of Columbia, No. 2010-0516, 2012 WL 925715 (D.D.C. Mar. 19, 2012).published
- Drogell v. Westfield Grp., 2013-Ohio-5262.published
- Arthur Poulos v. Comm'r of Soc. Sec., 474 F.3d 88 (3d Cir. 2007).published
- Kovaco v. Rockbestos-Surprenant Cable Corp., 834 F.3d 128 (2d Cir. 2016).published
- Peter Morsea v. Nancy Berryhill, No. 15-17218 (9th Cir. Feb. 12, 2018).unpublished
- Dyondra Glaspy v. Nancy Berryhill, No. 17-35960 (9th Cir. June 7, 2019).unpublished
- Tammie McKinney, Plaintiff/Respondent v. Mercy Hosp. St. Louis, 604 S.W.3d 680 (Mo. Ct. App. 2020).published
- Aubrey v. Koppes, 975 F.3d 995 (10th Cir. 2020).published
- Espinoza v. Comm'r, SSA, No. 23-1205 (10th Cir. Apr. 16, 2024).unpublished
- (SS) Dubord v. Comm'r of Soc. Sec., No. 2:20-cv-00634 (E.D. Cal. June 29, 2021).
- Bogdzia v. Saul, No. 1:19-cv-00362 (N.D. Ill. July 13, 2020).
- Green v. Sutton Ford, Inc., No. 1:19-cv-02871 (N.D. Ill. Dec. 14, 2022).
- Zon v. Comm'r of Soc. Sec., No. 2:19-cv-00212 (N.D. Ind. Aug. 10, 2020).
- Ostrander v. Comm'r of Soc. Sec., No. 1:22-cv-00186 (N.D. Ind. May 18, 2023).
- Yazdani v. Kijakazi, No. 8:22-cv-01062 (D. Md. May 16, 2023).
- Samuels Noel v. MacArthur Corp., No. 2:19-cv-10244 (E.D. Mich. June 26, 2020).
- Brownfield v. McDonough, No. 1:21-cv-00135 (S.D. Miss. Feb. 28, 2023).
- Brownfield v. McDonough, No. 1:20-cv-00301 (S.D. Miss. Feb. 28, 2023).
- Youngkin v. Comm'r of Soc. Sec., No. 1:20-cv-09894 (D.N.J. Nov. 30, 2021).unpublished
- Irizarry Bonilla v. Comm'r of Soc. Sec., No. 1:20-cv-17380 (D.N.J. Feb. 25, 2022).unpublished
- Rounds v. Comm'r Soc. Sec. Admin., No. 3:18-cv-01149 (D. Or. Nov. 21, 2019).
- Rugemer v. Comm'r Soc. Sec. Admin., No. 3:19-cv-00514-JR (D. Or. June 21, 2022).
- Hankinson v. Comm'r Soc. Sec. Admin., No. 3:23-cv-00752 (D. Or. May 13, 2024).
- Bingham v. Robert Wilkie, Sec'y of Vets. Affairs, No. 2:20-cv-00034 (E.D. Tenn. June 3, 2022).
- Issacsen v. Comm'r of Soc. Sec., No. 3:24-cv-06030 (W.D. Wash. May 9, 2025).
- Gross v. Carlisle Constr., No. 24-60382 (5th Cir. Aug. 22, 2025).unpublished
- Taylor v. IHC Health Servs., No. 4:23-cv-00108 (D. Utah Aug. 29, 2025).
- Quimby v. SSA, 2013 DNH 150 (D.N.H. 2013).published
- Porter, No. 2:23-cv-00555 (N.D. Ala. Nov. 17, 2025).
- Isaacsen v. Bisignano, No. 25-4092 (9th Cir. June 18, 2026).unpublished
- Chalfont, No. 2:24-cv-00968 (W.D. Pa. Aug. 20, 2026).
- Belval, No. 3:23-cv-01387 (D. Conn. Sept. 11, 2026).
- Trowbridge v. Scranton Artificial Limb Co., 747 A.2d 862 (Pa. 2000).published
- Schlenger v. Fid. Emp. Servs. Co., LLC, 785 F. Supp. 2d 317 (S.D.N.Y. 2011).published
- Equal Emp. Opportunity Comm'n v. Resources for Human Dev., Inc., 827 F. Supp. 2d 688 (E.D. La. 2011).published
- Detz v. Greiner Indus., Inc., 224 F. Supp. 2d 905 (E.D. Pa. 2002).published
- Phillip Archer A/K/A Philip Archer v. State, No. 13-08-00007-CR (Tex. App.—Corpus Christi Aug. 20, 2009).published
- Hayes v. Voestalpine Nortrak, Inc., 185 F. Supp. 3d 1314 (N.D. Ala. 2016).published
- Isotalo v. Kelly Servs., Inc., 945 F. Supp. 2d 825 (E.D. Mich. 2013).published
- Powrzanas v. Jones Util. & Contracting Co Inc, No. 2:17-cv-00975 (N.D. Ala. Sept. 11, 2019).
- Hobro v. United Airlines, Inc, No. 1:21-cv-00322 (D. Haw. Apr. 6, 2023).
- Smith v. Transwest Inc., No. 1:23-cv-01246 (D. Colo. Sept. 26, 2024).
At page 807 Requiring explanation for inconsistencies between disability claims39 citing casesWhen faced with a plaintiff’s previous sworn statement asserting ‘total disability’ or the like, the court should require an explanation of any apparent inconsistency with the necessary elements of an ADA claim. To defeat summary judgment, that explanation must be sufficient to warrant a reasonabl…
- Redenbaugh v. United States Steel Clairton Works, No. 2:22-cv-01779 (W.D. Pa. Oct. 7, 2024). ([T]he court should require an explanation of any apparent inconsistency with the necessary elements of an ADA claim.)
- Seigel v. Structure Tone Org., No. 7:19-cv-07307-VB (S.D.N.Y. Oct. 24, 2022). Corp., 526 U.S. at 805 (“[T]he nature of an individual’s disability may change over time, so that a statement about that disability at the time of an individual’s application for SSDI benefits may not reflect an individual’s capacities at…
- Kathleen Fowler v. AT&T Inc, 19 F.4th 292 (3d Cir. 2021).published ([T]he court should require an explanation of any apparent inconsistency with the necessary elements of an ADA claim.)
- Knope v. Barr, No. 1:16-cv-00809 (W.D.N.Y. Oct. 8, 2019).(When faced with a plaintiff’s previous sworn statement asserting ‘total disability’ or the like, the court should require an explanation of any apparent inconsistency with the necessary elements of an ADA claim. To def…)
- Cahill v. O'Rourke, No. 1:16-cv-11425 (D. Mass. Sept. 27, 2019). See id. (“This misreads (and would read out of the law) Cleveland’s reasoned explanation requirement.”).
- Scipio v. Fairfield Cnty., No. 0:17-cv-03126-JMC (D.S.C. Sept. 30, 2019).
- Minus v. Miami-Dade Cnty., No. 1:19-cv-25113 (S.D. Fla. Apr. 8, 2021).
- Robert J. Fox v. Gen. Motors Corp., & Robert Trumble, Bankr. Tr., Tr., 247 F.3d 169 (4th Cir. 2001).published
- Cook v. United Parcel Serv., Inc., No. 5:20-cv-00042 (W.D.N.C. May 25, 2021).
- Montrose Med. Grp. Participating Sav. Plan Montrose Gen. Hosp., Inc. v. Richard A. Bulger Walter Garvey Mut. Life Ins. Co. of New York v. Mut. Life Ins. Co. of New York Richard A. Bulger, Third-Party v. Eudora Bennett Montrose Med. Arts Pharmacy, Inc. Med. Arts Nursing Ctr., Inc. Med. Arts Clinic, Third-Party, 243 F.3d 773 (3d Cir. 2001).published
Show 28 more citing cases
- Jason Schmit v. Trimac Transp., Inc., 172 F.4th 612 (8th Cir. 2026).published
- Kovaco v. Rockbestos-Surprenant Cable Corp., 834 F.3d 128 (2d Cir. 2016).published
- Aubrey v. Koppes, 975 F.3d 995 (10th Cir. 2020).published
- Michael Lane v. Bfi Waste Sys. of North Am., 257 F.3d 766 (8th Cir. 2001).published
- Mattiaccio v. Dha Grp., Inc., No. 2012-1249, 2019 WL 6498865 (D.D.C. Dec. 3, 2019).published
- Sullivan v. Raytheon Co., 20 Mass. L. Rptr. 162 (Mass. Super. Ct. 2005).published
- Alfred F. Marinelli v. City of Erie, Pennsylvania, 216 F.3d 355 (3d Cir. 2000).published
- Durose v. Grand Casino of Mississippi Inc., 251 F. App'x 886 (5th Cir. 2007).unpublished
- Heidi Cox v. Wal-Mart Stores Inc., 441 F. App'x 547 (9th Cir. 2011).unpublished
- Dennis J. Pickens v. Soo Line R.R. Co., Doing Bus. as C.P. Rail Sys., 264 F.3d 773 (8th Cir. 2001).published
- Jones v. Southcentral Emp. Corp., 488 F. Supp. 2d 475 (M.D. Penn. 2007).published
- Felix v. New York City Transit Auth., 154 F. Supp. 2d 640 (S.D.N.Y. 2001).published
- Robert K. Murphey, Jr. v. City of Minneapolis, 358 F.3d 1074 (8th Cir. 2004).published
- Gloria Rodriguez v. Comcast, Inc., No. 17-17379 (9th Cir. Jan. 7, 2020).unpublished
- Cassandra Williams-Evans v. Advance Auto Parts, 843 F. App'x 144 (11th Cir. 2021).unpublished
- Griggs v. Hardwick Knitted Fabrics, Inc., 11 Mass. L. Rptr. 577 (Mass. Super. Ct. 2000).published
- Hernandez v. Enfield Bd. of Educ., No. 3:19-cv-01907 (D. Conn. Sept. 8, 2022).
- Picard v. Costco Wholesale Corp., No. 2:20-cv-10005, 2022 WL 4122081 (E.D. Mich. Sept. 9, 2022).
- Sunlighten, Inc. v. Finnmark Designs, LLC, 595 F. Supp. 3d 957 (D. Nev. 2022).published
- Berlin v. Jetblue Airways Corp., No. 1:18-cv-01545 (E.D.N.Y May 5, 2022).
- Wellner, M.D. v. Montefiore Med. Ctr., No. 1:17-cv-03479, 2019 WL 4081898 (S.D.N.Y. Aug. 29, 2019).
- Evans v. Capital Blue Cross, No. 1:19-cv-00497 (M.D. Penn. Mar. 4, 2021).
- Pace-O-Matic, Inc. v. Eckert, Seamans Cherin & Mellott, LLC, No. 1:20-cv-00292 (M.D. Penn. Apr. 6, 2021).
- Barajas v. M1 Support Servs., LP, No. 1:23-cv-00413 (M.D. Ala. July 26, 2024).
- Johnson v. Union Pac. R.R. Co., No. 8:23-cv-00216 (D. Neb. Apr. 30, 2025).
- Stephens v. Kalahari Resorts, LLC, No. 3:21-cv-00957 (M.D. Penn. Aug. 28, 2025).
- Milner-Koonce v. Albany City Sch. Dist., No. 1:21-cv-01271 (N.D.N.Y. Sept. 30, 2025).
- Andrea Clark v. The Boeing Co., No. 4:25-cv-00657 (E.D. Mo. Aug. 31, 2026).
At page 805 Tolerating claim inconsistencies in disability benefits claims37 citing cases[I]f an individual has merely applied for, but has not been awarded, SSDI benefits, any inconsistency in the theory of the claims is of the sort normally tolerated by our legal system.
- Jeanne Johnson v. City of Kansas City, Missouri, 695 S.W.3d 165 (Mo. Ct. App. 2024).published Cleveland, 526 U.S. at 803 (“[W]hen the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of ‘reasonable accommodation’ into account, nor need an applicant refer to the possibility of reas…
- Seigel v. Structure Tone Org., No. 7:19-cv-07307-VB (S.D.N.Y. Oct. 24, 2022). ([T]he nature of an individual’s disability may change over time, so that a statement about that disability at the time of an individual’s application for SSDI benefits may not reflect an individual’s capacities at the…)
- Equal Emp. Opportunity Comm'n v. Allstate Beverage Co., LLC, No. 2:19-cv-00657 (M.D. Ala. Oct. 17, 2022). ([I]f an individual has merely applied for, but has not been awarded, SSDI benefits, any inconsistency in the theory of the claims is of the sort normally tolerated by our legal system.)
- Breidecker v. Garnett Wood Prods. Co., Inc., No. 3:20-cv-00253 (S.D. Ill. Jan. 5, 2021).(Our ordinary Rules recognize that a person may not be sure in advance upon which legal theory she will succeed, and so permit parties to ‘set forth two or more statements of a claim or defense alternately or hypothetic…)
- James W. Moore v. Comm'r of the Soc. Sec. Admin., Being Sued as Jo Anne Barnhart, Comm'r Soc. Sec. Admin., 278 F.3d 920 (9th Cir. 2002).published “improvement in a totally disabled person's condition, while permitting that person to work, will not necessarily or immediately lead the ssa to terminate disability benefits.”
- Busha v. SC Dep't of Mental Health, No. 6:18-cv-02337 (D.S.C. Sept. 29, 2020).
- Jason Schmit v. Trimac Transp., Inc., 172 F.4th 612 (8th Cir. 2026).published
- Mims v. T-Mobile USA, Inc., No. 1:19-cv-02972 (D. Colo. Apr. 13, 2021).
- Gallipo v. City of Rutland, 789 A.2d 942 (Vt. 2001).published
- Thompson v. AT&T CORP., 371 F. Supp. 2d 661 (W.D. Pa. 2005).published
Show 27 more citing cases
- McClaren v. Morrison Mgmt. Specialists, Inc., 316 F. Supp. 2d 489 (W.D. Tex. 2004).published
- Rodriguez v. Lab'y Corp. of Am. Holdings, No. 2013-0675 (D.D.C. Feb. 4, 2014).published
- Jane Doe I v. Dist. of Columbia, No. 2001-2398 (D.D.C. Sept. 30, 2011).published
- Tamayo v. Blagojevich, 526 F.3d 1074 (7th Cir. 2008).published
- Michael Lane v. Bfi Waste Sys. of North Am., 257 F.3d 766 (8th Cir. 2001).published
- Mattiaccio v. Dha Grp., Inc., No. 2012-1249, 2019 WL 6498865 (D.D.C. Dec. 3, 2019).published
- John Torres v. Nationstar Mortg. LLC, No. 18-56267 (9th Cir. Apr. 16, 2020).unpublished
- Sullivan v. Raytheon Co., 20 Mass. L. Rptr. 162 (Mass. Super. Ct. 2005).published
- Pogue v. Est. of Roberts, 357 B.R. 756 (Bankr. W.D. Ky. 2006).published
- James Keith v. Volvo Grp. North Am., LLC, No. 23-1178 (4th Cir. Mar. 20, 2024).unpublished
- Avery v. Koch Foods, No. 2:17-cv-01927 (N.D. Ala. Mar. 3, 2020).
- Rodriguez v. Walmart Stores East, L.P., No. 2:20-cv-00474, 2021 WL 4750087 (M.D. Fla. Oct. 12, 2021).
- Butler-Bohn v. Walmart Inc, No. 7:22-cv-00156 (D.S.C. Sept. 19, 2023).
At page 802 Distinguishing factual statements from legal disability representations33 citing casesclaims to disability benefits and the protections of the ADA “can comfortably exist side by side” because, for example, the definition of disabled for purposes of disability benefits “does not take the possibility of ‘reasonable accommodation’ into account
- Gibbons v. Comm'r of Soc. Sec., No. 1:20-cv-00535 (W.D.N.Y. Oct. 12, 2022).(This Ruling concerns whether an individual’s claim for, or receipt of, disability insurance benefits filed under the Social Security Act would preclude the individual from pursuing relief under the Americans with Disab…)
- Larry R. Bingman v. Baltimore Cnty., 714 F. App'x 244 (4th Cir. 2017).unpublished “in our view, ... despite the appearance of conflict that arises from the language of the two statutes, the two claims do not inherently conflict to the point where courts should apply a special negative presumption like…”
- Dayoub v. Penn-Del Directory Co., 90 F. Supp. 2d 636 (E.D. Pa. 2000).published
- Equal Emp. Opportunity Comm'n v. Vicksburg Healthcare, L.L.C., 663 F. App'x 331 (5th Cir. 2016).unpublished
- EEOC v. Vicksburg Healthcare, L.L.C., No. 15-60764 (5th Cir. Oct. 14, 2016).unpublished
- EEOC v. Stowe-Pharr Mills, No. 99-1040 (4th Cir. June 20, 2000).published
- Scipio v. Fairfield Cnty., No. 0:17-cv-03126-JMC (D.S.C. Sept. 30, 2019).
- Walters v. Comm'r, Soc. Sec. Admin., No. 1:22-cv-00722 (D. Colo. Jan. 18, 2023).
- Clower v. Proto Labs, Inc., No. 1:23-cv-03316 (N.D. Ga. Mar. 31, 2025).
- Lawrence A. Mitchell, Jr. v. Washingtonville Cent. Sch. Dist., 190 F.3d 1 (2d Cir. 1999).published
Show 23 more citing cases
- Douglas Parker v. Columbia Pictures Indus., 204 F.3d 326 (2d Cir. 2000).published
- Montrose Med. Grp. Participating Sav. Plan Montrose Gen. Hosp., Inc. v. Richard A. Bulger Walter Garvey Mut. Life Ins. Co. of New York v. Mut. Life Ins. Co. of New York Richard A. Bulger, Third-Party v. Eudora Bennett Montrose Med. Arts Pharmacy, Inc. Med. Arts Nursing Ctr., Inc. Med. Arts Clinic, Third-Party, 243 F.3d 773 (3d Cir. 2001).published
- John Lawson, Sr. v. Csx Transp., Inc., 245 F.3d 916 (7th Cir. 2001).published
- Williamson v. Am. Nat'l Ins. Co., 695 F. Supp. 2d 431 (S.D. Tex. 2010).published
- Miller v. Riverside RV Inc, 455 F. Supp. 3d 813 (N.D. Ind. 2020).published
- Sherman v. ConAgra Foods Inc, No. 2:21-cv-01038 (E.D. Wis. July 31, 2024).
- James Raymond King v. Missouri Am. Water Co., 703 S.W.3d 184 (Mo. Ct. App. 2024).published
- Jason Schmit v. Trimac Transp., Inc., 172 F.4th 612 (8th Cir. 2026).published
At page 801 Comparing social security act and ada protections for disabled individuals31 citing casesThe ADA seeks to . . . guarantee [disabled] individuals equal opportunity and to provide the Nation with the benefit of their consequently increased productivity.
- Snell v. Neville, 998 F.3d 474 (1st Cir. 2021).published(The ADA seeks to eliminate unwarranted discrimination against disabled individuals in order . . . to guarantee those individuals equal opportunity . . . ..)
- Exby-Stolley v. Bd. of Cnty. Commissioners, 979 F.3d 784 (10th Cir. 2020).published(The ADA seeks to . . . guarantee [disabled] individuals equal opportunity and to provide the Nation with the benefit of their consequently increased productivity.)
- Diaz v. Prudential Ins. Co. of Am., 499 F.3d 640 (7th Cir. 2007).published
- Louis F. LaFountain v. Dep't of Labor (Eden Gen. Store, Inc., Emp.), 2018 VT 31, 186 A.3d 613.published
- Reimels v. Comm'r, 123 T.C. 245 (Tax Ct. 2004).published
- Davis v. Los Angeles Unified Sch. Dist. Pers. Comm'n, 152 Cal. App. 4th 1122 (Cal. Ct. App. 2007).published
- Jimmy Marshall v. Wayne Cnty., Michigan, No. 22-1499, 2023 WL 2707222 (6th Cir. Mar. 30, 2023).unpublished
- Kincaid v. Williams, No. 22-633 (U.S. June 30, 2023).
- Yellen v. Soc. Sec. Admin., No. 1:18-cv-00422, 2019 WL 3767459 (D. Haw. Aug. 9, 2019).
- Abdelsayed v. New York Univ., No. 1:17-cv-09606 (S.D.N.Y. July 24, 2023).
Show 21 more citing cases
- Smith v. Cuyahoga Cnty., No. 1:21-cv-00160 (N.D. Ohio Jan. 3, 2022).
- Soileau v. Comm'r, Soc. Sec., No. 1:23-cv-01404 (D. Md. July 9, 2024).
- Soileau v. Comm'r, Soc. Sec., No. 1:23-cv-01404 (D. Md. Dec. 3, 2024).
- Knight v. Colvin, No. 1:24-cv-00256 (D. Md. Dec. 27, 2024).
At page 797 SSDI receipt does not bar ADA claims21 citing casesplaintiff cannot simply ignore application for benefits wherein she claimed that she was too disabled to work
- Redenbaugh v. United States Steel Clairton Works, No. 2:22-cv-01779 (W.D. Pa. Oct. 7, 2024). Corp., 526 U.S. 795, 797 (1999): see also id. at 807 (“[T]he court should require an explanation of any apparent inconsistency with the necessary elements of an ADA claim.”) A plaintiff's prior sworn assertion in an application for SSDI be…
- Kathleen Fowler v. AT&T Inc, 19 F.4th 292 (3d Cir. 2021).published Corp., 526 U.S. 795, 797 (1999); see also id. at 807 (“[T]he court should require an explanation of any apparent inconsistency with the necessary elements of an ADA claim.”) (emphasis added).
- Horn v. Cendant Operations, Inc., 69 F. App'x 421 (10th Cir. 2003).unpublished
- Peter & Rachel Atkinson, Et Ux. v. Les Schwab Tire Centers Of Wa, Inc., No. 44326-1 (Wash. Ct. App. Apr. 29, 2014).unpublished
- EEOC v. Stowe-Pharr Mills, No. 99-1040 (4th Cir. June 20, 2000).published
- Marvin D.W. Voeltz v. Arctic Cat, Inc., a Minnesota Dom. Corp., 406 F.3d 1047 (8th Cir. 2005).published
- Pena v. Honeywell Int'l, Inc., 923 F.3d 18 (1st Cir. 2019).published
- Mark Alan Staples v. Comm'r (Tax Ct. 2020).unpublished
- Thompson v. Gold Medal Bakery, Inc., 989 F.3d 135 (1st Cir. 2021).published
- G.C. v. Div. of Med. Assistance & Health Servs. (084417) (Statewide), No. A-35/36/37-20 (N.J. Nov. 18, 2021).published
Show 11 more citing cases
- Engelman v. Girl Scouts-Indian Hills Council, Inc., 16 A.D.3d 961 (N.Y. App. Div. 3d Dep't 2005).published
- New York State Dep't of Corr. Servs. v. New York State Div. of Human Rights, 57 A.D.3d 1057 (N.Y. App. Div. 3d Dep't 2008).published
- Russell v. Cooley Dickinson Hosp., Inc., 772 N.E.2d 1054 (Mass. 2002).published
- Jernigan v. Dalton Mgmt. Co., 819 F. Supp. 2d 282 (S.D.N.Y. 2011).published
- Killingsworth v. Birmingham Jefferson Cnty. Transit Auth., No. 2:17-cv-00963 (N.D. Ala. Aug. 19, 2019).
- Scipio v. Fairfield Cnty., No. 0:17-cv-03126-JMC (D.S.C. Sept. 30, 2019).
- Walls v. Lee Mem'l Health Sys., No. 2:23-cv-00150 (M.D. Fla. Jan. 21, 2025).
119 S. Ct. at 1603 An ADA plaintiff bears the burden of proving that she is a 'qualified individual with a disability.'21 citing cases
- Silk v. City of Chicago, 194 F.3d 788 (7th Cir. 1999).published (An ADA plaintiff bears the burden of proving that she is a 'qualified individual with a disability.')
- Zenaida Garc A-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638 (1st Cir. 2000).published
- Oney v. Ratliff, 182 F.3d 893 (Fed. Cir. 1999).published
- Donna Feldman v. Am. Mem'l Life Ins. Co., Formerly Known as Prairie States Life Ins. Co., 196 F.3d 783 (7th Cir. 1999).published
- Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104 (9th Cir. 2000).published
- Leslie v. Grupo ICA, 198 F.3d 1152 (9th Cir. 1999).published
- Jimmy Dale Lee v. City of Salem, Indiana, 259 F.3d 667 (7th Cir. 2001).published
- Kalskett v. Larson Mfg. Co. of Iowa, Inc., 146 F. Supp. 2d 961 (N.D. Iowa 2001).published
- Dayoub v. Penn-Del Directory Co., 90 F. Supp. 2d 636 (E.D. Pa. 2000).published
- Ward v. Washington Mills, 92 F. Supp. 2d 168 (W.D.N.Y. 2000).published
Show 9 more citing cases
- Ellen Fjellestad v. Pizza Hut of Am., Inc., 188 F.3d 944 (8th Cir. 1999).published
- Cynthia Loeb v. Trans World Airlines, No. 98-3996 (8th Cir. Oct. 12, 1999).unpublished
- Patricia A. Piziali v. Grand View Coll., No. 99-2287 (8th Cir. Feb. 11, 2000).unpublished
- Ralph Little v. UE Co., No. 98-3196 (8th Cir. Apr. 28, 2000).unpublished
q3 “proffer a sufficient explanation”20 citing cases
- Keith v. Charter Commc'ns, Inc., No. 1:18-cv-00110 (W.D. Pa. May 12, 2020). See Cleveland, 526 U.S. at 806 (“And a plaintiff’s sworn assertion in an application for disability benefits that she is, for example, “unable to work” will appear to negate an essential element of her ADA case—at least if she does not off…
- Daniel C. Motley v. New Jersey State Police the State Troopers Fraternal Ass'n of New Jersey, 196 F.3d 160 (3d Cir. 1999).published
- Marvin D.W. Voeltz v. Arctic Cat, Inc., a Minnesota Dom. Corp., 406 F.3d 1047 (8th Cir. 2005).published
- Sherman v. ConAgra Foods Inc, No. 2:21-cv-01038 (E.D. Wis. July 31, 2024).
- Butler-Bohn v. Walmart Inc, No. 7:22-cv-00156 (D.S.C. Sept. 19, 2023).
- Herrera v. CTS Corp., 183 F. Supp. 2d 921 (S.D. Tex. 2002).published
- Powrzanas v. Jones Util. & Contracting Co Inc, No. 2:17-cv-00975 (N.D. Ala. Sept. 11, 2019).
- Equal Emp. Opportunity Comm'n v. Greater Baltimore Med. Ctr., Inc., 477 F. App'x 68 (4th Cir. 2012).unpublished
- Johnson v. Hoechst Celanese Corp., 127 S.W.3d 875 (Tex. App.—Corpus Christi 2004).published
- Melendez Santana v. Puerto Rico Ports Auth., 472 F. Supp. 2d 144 (D.P.R. 2007).published
Show 8 more citing cases
- Lincoln v. Momentum Sys. Ltd., 86 F. Supp. 2d 421 (D.N.J. 2000).published
- Equal Emp. Opportunity Comm'n v. Burlington N. & Santa Fe Ry. Co., 621 F. Supp. 2d 587 (W.D. Tenn. 2009).published
- Urmey v. At & T Corp., 438 F. Supp. 2d 369 (S.D.N.Y. 2006).published
- Equal Emp. Opportunity Comm'n v. Greater Baltimore Med. Ctr., Inc., 769 F. Supp. 2d 843 (D. Md. 2011).published
- Donahue v. Consol. Rail Corp., 52 F. Supp. 2d 476 (E.D. Pa. 1999).published
- Krensavage v. Bayer Corp., 314 F. App'x 421 (3d Cir. 2008).unpublished
- Fewer v. Copper & Brass Sales, Inc., 183 F. App'x 696 (9th Cir. 2006).unpublished
- Dored Shiba v. Markwayne Mullin, No. 24-2514 (7th Cir. May 5, 2026).published
At page 798 Reconciling disability claims for ssdi and ada11 citing cases“an ada plaintiff cannot simply ignore her ssdi contention that she was too disabled to work she must explain why that ssdi contention is consistent with her ada claim....”
- McFadden v. Ballard, Spahr, Andrews, & Ingersoll, LLP, 580 F. Supp. 2d 99 (D.D.C. 2008).published “an ada plaintiff cannot simply ignore her ssdi contention that she was too disabled to work she must explain why that ssdi contention is consistent with her ada claim....”
- Walls v. Lee Mem'l Health Sys., No. 2:23-cv-00150 (M.D. Fla. Jan. 21, 2025).
- Solomon v. Vilsack, 628 F.3d 555 (D.C. Cir. 2010).published
- Equal Emp. Opportunity Comm'n v. TriCore Reference Labs., 493 F. App'x 955 (10th Cir. 2012).unpublished
- Townley v. Blue Cross & Blue Shield of Michigan, 254 F. Supp. 2d 661 (E.D. Mich. 2003).published
- Voisin v. Georgia Gulf Corp., 245 F. Supp. 2d 853 (M.D. La. 2002).published
- Flores v. Hyundai Motor Mfg. Alabama, LLC, No. 2:19-cv-00830 (M.D. Ala. May 12, 2021).
- Minus v. Miami-Dade Cnty., No. 1:19-cv-25113 (S.D. Fla. Apr. 8, 2021).
- Willitts v. GDF Suez Energy North Am. Inc./Engie North Am., Inc., No. 1:20-cv-11255 (D. Mass. Mar. 20, 2023).
- Busha v. SC Dep't of Mental Health, No. 6:18-cv-02337 (D.S.C. Sept. 29, 2020).
Show 1 more citing case
- Walters v. Comm'r, Soc. Sec. Admin., No. 1:22-cv-00722 (D. Colo. Jan. 18, 2023).
119 S. Ct. at 1604 stating that the plaintiff raised the difference between the statutes and the accuracy of her statements at the times they were made as explanations and remanding for consideration of "these explanations9 citing cases
- Daniel C. Motley v. New Jersey State Police the State Troopers Fraternal Ass'n of New Jersey, 196 F.3d 160 (3d Cir. 1999).published
- Jimmy Dale Lee v. City of Salem, Indiana, 259 F.3d 667 (7th Cir. 2001).published
- Ward v. Washington Mills, 92 F. Supp. 2d 168 (W.D.N.Y. 2000).published
- Phillips v. United Tech., No. 99-41046 (5th Cir. July 28, 2000).unpublished
- Charmaine Hunter v. Lonnie Namanny, 219 F.3d 825 (8th Cir. 2000).published
- Robert J. Disanto v. McGraw Inc./platt's Div., 220 F.3d 61 (2d Cir. 2000).published
- Kenneth E. Lloyd v. Hardin Cnty., IA, No. 99-2658 (8th Cir. Mar. 29, 2000).published
119 S. Ct. at 1600 cited at this page5 citing cases
- Daniel C. Motley v. New Jersey State Police the State Troopers Fraternal Ass'n of New Jersey, 196 F.3d 160 (3d Cir. 1999).published
- Beverly Gilliard v. Georgia Dep't of Corr., 500 F. App'x 860 (11th Cir. 2012).unpublished
- Vera v. Williams Hosp. Grp., Inc., 73 F. Supp. 2d 161 (D.P.R. 1999).published
- Riechmann v. Cutler-Hammer, Inc., 95 F. Supp. 2d 1171 (D. Kan. 2000).published
- Parker v. Columbia Pictures Indus., 204 F.3d 326 (2d Cir. 2000).published
At page 795 contrasting plaintiffs’ statements with contradictory assertions such as “ ‘The light was red/green,’ or T can/cannot raise my arm above my head.’5 citing cases
- Daniel C. Motley v. New Jersey State Police the State Troopers Fraternal Ass'n of New Jersey, 196 F.3d 160 (3d Cir. 1999).published
- Parker v. Columbia Pictures Indus., 204 F.3d 326 (2d Cir. 2000).published
- Raymond Russell v. Kenneth S. Apfel, No. 98-1239 (8th Cir. Sept. 16, 1999).unpublished
- Equal Emp. Opportunity Comm'n v. Vicksburg Healthcare, L.L.C., 663 F. App'x 331 (5th Cir. 2016).unpublished
- EEOC v. Vicksburg Healthcare, L.L.C., No. 15-60764 (5th Cir. Oct. 14, 2016).unpublished
At page 799 District court summary judgment based on SSDI application5 citing cases“could no longer do the job" in light of her”
- Pena v. Honeywell Int'l, Inc., 923 F.3d 18 (1st Cir. 2019).published
- Walters v. Comm'r, Soc. Sec. Admin., No. 1:22-cv-00722 (D. Colo. Jan. 18, 2023).
- Fogleman v. Greater Hazleton Health All., 122 F. App'x 581 (3d Cir. 2004).unpublished
- Clower v. Proto Labs, Inc., No. 1:23-cv-03316 (N.D. Ga. Mar. 31, 2025).
- Stanley v. City of Stanford, 606 U.S. 46 (2025).published
At page 800 Judicial estoppel arising from disability benefit applications5 citing cases“a rebuttable presumption that the claimant or recipient of such benefits is judicially estopped from asserting that he is a 'qualified individual with a disability.”
- Jacqlyn Smith v. Clark Cnty. Sch. Dist., 727 F.3d 950 (9th Cir. 2013).published
- Swanson v. Med. Action Indus., Inc., 343 F. Supp. 2d 496 (W.D.N.C. 2004).published
- Robert J. Fox v. Gen. Motors Corp., & Robert Trumble, Bankr. Tr., Tr., 247 F.3d 169 (4th Cir. 2001).published
- Lee v. L3Harris Tech., Inc., No. 1:20-cv-00489 (D. Haw. Jan. 31, 2022).
- Cook v. United Parcel Serv., Inc., No. 5:20-cv-00042 (W.D.N.C. May 25, 2021).
An ADA plaintiff bears the burden of proving that she is a ‘qualified individual with a disability’— that is, a person ‘who, with or without reasonable accommodation, can perform the essential functions’ of her job.
- Phillips v. Jackson Pub. Sch. Dist., No. 3:22-cv-00223 (S.D. Miss. Nov. 9, 2023). (An ADA plaintiff bears the burden of proving that she is a ‘qualified individual with a disability’— that is, a person ‘who, with or without reasonable accommodation, can perform the essential functions’ of her job.)
- Cottrell v. Rowan Univ., 786 F. Supp. 2d 851 (D.N.J. 2011).published (An ADA plaintiff bears the burden of proving that she is a ‘qualified individual with a disability.’)
Other citing cases
- Rose v. Univ. Hospitals, No. 1:20-cv-00132 (N.D. Ohio Dec. 14, 2020).
- Lohse v. Comm'r of Soc. Sec., No. 3:19-cv-03022 (C.D. Ill. Sept. 22, 2020).
- Cato v. First Fed. Cmty. Bank, 668 F. Supp. 2d 933 (E.D. Tex. 2009).published
v.
POLICY MANAGEMENT SYSTEMS CORP. Et Al.
delivered the opinion of the Court.
The Social Security Disability Insurance (SSDI) program provides benefits to a person with a disability so severe that she is “unable to do [her] previous work” and “cannot . . . engage in any other kind of substantial gainful work which exists in the national economy.” § 223(a) of the Social Security Act, as set forth in 42 U. S. C. § 423(d)(2)(A). This case asks whether the law erects a special presumption that would significantly inhibit an SSDI recipient from simultaneously pursuing an action for disability discrimination under the Americans with Disabilities Act of 1990 (ADA), claiming that “with . . . reasonable accommodation” she could “perform the essential functions” of her job. § 101, 104 Stat. 331, 42 U.S.C. §12111(8).
We believe that, in context, these two seemingly divergent statutory contentions are often consistent, each with the other. Thus pursuit, and receipt, of SSDI benefits does not automatically estop the recipient from pursuing an ADA claim. Nor does the law erect a strong presumption against[*798] the recipient’s success under the ADA. Nonetheless, an ADA plaintiff cannot simply ignore her SSDI contention that she was too disabled to work. To survive a defendant’s motion for summary judgment, she must explain why that SSDI contention is consistent with her ADA claim that she could “perform the essential functions” of her previous job, at least with “reasonable accommodation.”
i — L
After suffering a disabling stroke and losing her job, Carolyn Cleveland sought and obtained SSDI benefits from the Social Security Administration (SSA). She has also brought this ADA suit in which she claims that her former employer, Policy Management Systems Corporation, discriminated against her on account of her disability. The two claims developed in the following way:
August 1993: Cleveland began work at Policy Management Systems. Her job required her to perform background cheeks on prospective employees of Policy Management System’s clients.
January 7, 199A: damaged her concentration, memory, and language skills.
January 28,1994: Cleveland filed an SSDI which she stated that she was “disabled” and “unable to work.” App. 21.
April 11, 1994,: she returned to work with Policy Management Systems. She reported that fact to the SSA two weeks later.
July 11, 1994: Noting work, the SSA denied her SSDI application.
July 15, 1994: Policy Management Cleveland.
September 14,1994: Cleveland asked the SSA to reconsider its July 11th SSDI denial. In doing so, she said:
[*799] “I was terminated [by Policy Management Systems] due to my condition and I have not been able to work since. I continue to be disabled.” Id., at 46. She later added that she had “attempted to return to work in mid April,” that she had “worked for three months,” and that Policy Management Systems terminated her because she “could no longer do the job” in light of her “condition.” Id., at 47.
November 1991: The SSA denied Cleveland’s request for reconsideration. Cleveland sought an SSA hearing, reiterating that “I am unable to work due to my disability,” and presenting new evidence about the extent of her injuries. Id., at 79.
September 29,1995: The SSA awarded Cleveland SSDI benefits retroactive to the day of her stroke, January 7,1994.
22, 1995, the week before her SSDI award, Cleveland brought this ADA lawsuit. . She contended that Policy Management Systems had “terminat[ed]” her employment without reasonably “aecommodat[ing] her disability.” Id., at 7. She alleged that she requested, but was denied, accommodations such as training and additional time to complete her work. Id., at 96. And she submitted a supporting affidavit from her treating physician. Id., at 101. The District Court did not evaluate her reasonable accommodation claim on the merits, but granted summary judgment to the defendant because, in that court’s view, Cleveland, by applying for and receiving SSDI benefits, had conceded that she was totally disabled. And that fact, the court concluded, now estopped Cleveland from proving an essential element of her ADA claim, namely, that she could “perform the essential functions” of her job, at least with “reasonable accommodation.” 42 U.S.C. §12111(8).
[*800] The Fifth Circuit affirmed the District Court’s grant of summary judgment. 120 F. 3d 513 (1997). The court wrote:
“[T]he application for or the receipt of social security disability benefits creates a rebuttable presumption that the claimant or recipient of such benefits is judicially estopped from asserting that he is a ‘qualified individual with a disability.’ ” Id., at 518.
The Circuit Court noted that it was “at least theoretically conceivable that under some limited and highly unusual set of circumstances the two claims would not necessarily be mutually exclusive.” Id., at 517. But it concluded that, because
“Cleveland consistently represented to the SSA that she was totally disabled, she has failed to raise a genuine issue of material fact rebutting the presumption that she is judicially estopped from now asserting that for the time in question she was nevertheless a ‘qualified individual with a disability’ for purposes of her ADA claim.” Id., at 518-519.
We granted certiorari in light of disagreement among the Circuits about the legal effect upon an ADA suit of the application for, or receipt of, disability benefits. Compare, e. g., Rascon v. U S West Communications, Inc., 143 F. 3d 1324, 1332 (CA10 1998) (application for, and receipt of, SSDI benefits is relevant to, but does not estop plaintiff from bringing, an ADA claim); Griffith v. Wal-Mart Stores, Inc., 135 F. 3d 376, 882 (CA6 1998) (same), cert. pending, No. 97-1991; Swanks v. Washington Metropolitan Area Transit Authority, 116 F. 3d 582, 586 (CADC 1997) (same), with McNemar v. Disney Store, Inc., 91 F. 3d 610, 618-620 (CA3 1996) (applying judicial estoppel to bar plaintiff who applied for disability benefits from bringing suit under the ADA), cert. denied, 519 U. S. 1115 (1997), and Kennedy v. Applause, Inc., 90 F. 3d 1477, 1481-1482 (CA9 1996) (declining to apply judi-[*801] eial estoppel but holding that claimant who declared total disability in a benefits application failed to raise a genuine issue of material fact as to whether she was a qualified individual with a disability).
II
The Social Security Act and the ADA both help individuals with disabilities, but in different ways. The Social Security Act provides monetary benefits to every insured individual who “is under a disability.” 42 U. S. C. § 428(a)(1). The Act defines “disability” as an
“inability to engage in any substantial gainful activity by reason of any . . . physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” § 423(d)(1)(A).
The individual’s impairment, as we have said, supra, at 797, must be
“of such severity that [she] is not only unable to do [her] previous work but cannot, considering [her] age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy....” §423(d)(2)(A).
The ADA seeks to eliminate unwarranted discrimination against disabled individuals in order both to guarantee those individuals equal opportunity and to provide the Nation with the benefit of their consequently increased productivity. See, e. g., 42 U. S. C. §§ 12101(a)(8), (9). The ADA prohibits covered employers from discriminating “against a qualified individual with a disability because of the disability of such individual.” § 12112(a). The ADA defines a “qualified individual with a disability” as a disabled person “who . . . can perform the essential functions” of her job, including those who can do so only “with . . . reasonable accommodation.” §12111(8).
[*802] We here consider but one of the many ways in which these two statutes might interact. This ease does not involve, for example, the interaction of either of the statutes before us with other statutes, such as the Federal Employers’ Liability Act, 45 U. S. C. § 51 et seq. Nor does it involve directly conflicting statements about purely factual matters, such as “The light was red/green,” or “I can/cannot raise my arm above my head.” An SSA representation of total disability differs from a purely factual statement in that it often implies a context-related legal conclusion, namely, “I am disabled for purposes of the Social Security Act.” And our consideration of this latter kind of statement consequently leaves the law related to the former, purely factual, kind of conflict where we found it.
The case before us concerns an ADA applied for, and received, SSDI benefits. It requires us to review a Court of Appeals decision upholding the grant of summary judgment on the ground that an ADA plaintiff’s “representation] to the SSA that she was totally disabled” created a “rebuttable presumption” sufficient to “judicially esto[p]” her later representation that, “for the time in question,” with reasonable accommodation, she could perform the essential functions of her job. 120 F. 3d, at 518-519. The Court of Appeals thought, in essence, that claims under both Acts would incorporate two directly conflicting propositions, namely, “I am too disabled to work” and “I am not too disabled to work.” And in an effort to prevent two claims that would embody that kind of factual conflict, the court used a special judicial presumption, which it believed would ordinarily prevent a plaintiff like Cleveland from successfully asserting an ADA claim.
In our view, that arises from the language of the two statutes, the two claims do not inherently conflict to the point where courts should apply a special negative presumption like the one applied by the Court of Appeals here. That is because there[*803] are too many situations in which an SSDI claim and an ADA claim can comfortably exist side by side.
we noted, the ADA defines a “qualified individual” to include a disabled person “who . . . can perform the essential functions” of her job “with reasonable accommodation.” Reasonable accommodations may include:
“job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations.” 42 U.S.C. § 12111(9)(B).
By way of contrast, when the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of “reasonable accommodation” into account, nor need an applicant refer to the possibility of reasonable accommodation when she applies for SSDI. See Memorandum from Daniel L. Skoler, Associate Comm’r for Hearings and Appeals, SSA, to Administrative Appeals Judges, reprinted in 2 Social Security Practice Guide, App. § 15C[9], pp. 15-401 to 15-402 (1998). The omission reflects the facts that the SSA receives more than 2.5 million claims for disability benefits each year; its administrative resources are limited; the matter of “reasonable accommodation” may turn on highly disputed workplace-specific matters; and an SSA misjudgment about that detailed, and often fact-specific matter would deprive a seriously disabled person of the critical financial support the statute seeks to provide. See Brief for United States et al. as Amici Curiae 10-11, and n. 2, 13. The result is that an ADA suit claiming that the plaintiff can perform her job with reasonable accommodation may well prove consistent with an SSDI claim that the plaintiff could not perform her own job (or other jobs) without it.
[*804] For another thing, in order to process the large number of SSDI claims, the SSA administers SSDI with the help of a five-step procedure that embodies a set of presumptions about disabilities, job availability, and their interrelation. The SSA asks:
Step One: Are you presently working? (If so, you are ineligible.) See 20 CFR § 404.1520(b) (1998).
Step Two: Do you have a one that “significantly limits” your ability to do basic work activities? (If not, you are ineligible.) See § 404.1520(c).
Step Three: Does your impairment or an impairment on a specific (and fairly lengthy) SSA list? (If so, you are eligible without more.) See §§ 404.1520(d), 404.1525, 404.1526.
Step Four: If your impairment does not meet or a listed impairment, can you perform your “past relevant work?” (If so, you are ineligible.) See § 404.1520(e).
Step Five: If your impairment does not meet or equal a listed impairment and you cannot perform your “past relevant work,” then can you perform other jobs that exist in significant numbers in the national economy? (If not, you are eligible.) See §§ 404.1520(f), 404.1560(e).
The presumptions embodied in these questions — particularly those necessary to produce Step Three’s list, which, the Government tells us, accounts for approximately 60 percent of all awards, see Tr. of Oral Arg. 20 — grow out of the need to administer a large benefits system efficiently. But they inevitably simplify, eliminating consideration of many differences potentially relevant to an individual’s ability to perform a particular job. Hence, an individual might qualify for SSDI under the SSA’s administrative rules and yet, due to special individual circumstances, remain capable of “perform[ing] the essential functions” of her job.
[*805] Further, the SSA sometimes grants SSDI benefits to individuals who not only can work, but are working. For example, to facilitate a disabled person’s reentry into the work force, the SSA authorizes a 9-month trial-work period during which SSDI recipients may receive foil benefits. See 42 U.S.C. §§ 422(c), 423(e)(1); 20 CFR §404.1592 (1998). See also § 404.1592a (benefits available for an additional 15-month period depending upon earnings). Improvement in a totally disabled person’s physical condition, while permitting that person to work, will not necessarily or immediately lead the SSA to terminate SSDI benefits. And the nature of an individual’s disability may change over time, so that a statement about that disability at the time of an individual’s application for SSDI benefits may not reflect an individual’s capacities at the time of the relevant employment decision.
merely applied for, but has not been awarded, SSDI benefits, any inconsistency in the theory of the claims is of the sort normally tolerated by our legal system. Our ordinary Rules recognize that a person may not be sure in advance upon which legal theory she will succeed, and so permit parties to “set forth two or more statements of a claim or defense alternately or hypothetically,” and to “state as many separate claims or defenses as the party has regardless of consistency.” Fed. Rule Civ. Proc. 8(e)(2). We do not see why the law in respect to the assertion of SSDI and ADA claims should differ. (And, as we said, we leave the law in respect to purely factual contradictions where we found it.)
examples, we would not apply a special legal presumption permitting someone who has applied for, or received, SSDI benefits to bring an ADA suit only in “some limited and highly unusual set of circumstances.” 120 F. 3d, at 517.
in some cases an earlier SSDI claim may turn out genuinely to conflict with an ADA claim. Summary judgment for a defendant is appropriate when the plaintiff[*806] “fails to make a showing sufficient to establish the existence of an element essential to [her] case, and on which [she] will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U. S. 317, 322 (1986). An ADA plaintiff bears the burden of proving that she is a “qualified individual with a disability” — that is, a person “who, with or without reasonable accommodation, can perform the essential functions” of her job. 42 U. S. C. § 12111(8). And a plaintiff’s sworn assertion in an application for disability benefits that she is, for example, “unable to work” will appear to negate an essential element of her ADA case — at least if she does not offer a sufficient explanation. For that reason, we hold that an ADA plaintiff cannot simply ignore the apparent contradiction that arises out of the earlier SSDI total disability claim. Rather, she must proffer a sufficient explanation.
have found a similar need for explanation. They have held with virtual unanimity that a party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement (by, say, filing a later affidavit that flatly contradicts that party’s earlier sworn deposition) without explaining the contradiction or attempting to resolve the disparity. See, e. g., Colantuoni v. Alfred Calcagni & Sons, Inc., 44 F. 3d 1, 5 (CA1 1994); Rule v. Brine, Inc., 85 F. 3d 1002, 1011 (CA2 1996); Hackman v. Valley Fair, 932 F. 2d 239,241 (CA3 1991); Barwick v. Celotex Corp., 736 F. 2d 946, 960 (CA4 1984); Albertson v. T. J. Stevenson & Co., 749 F. 2d 223, 228 (CA5 1984); Davidson & Jones Development Co. v. Elmore Development Co., 921F. 2d 1343, 1352 (CA6 1991); Slowiak v. Land O’Lakes, Inc., 987 F. 2d 1293, 1297 (CA7 1993); Camfield Tires, Inc. v. Michelin Tire Corp., 719 F. 2d 1361, 1365-1366 (CA8 1983); Kennedy v. Allied Mutual Ins. Co., 952 F. 2d 262, 266 (CA9 1991); Franks v. Nimmo, 796 F. 2d 1230, 1237 (CA10 1986); Tippens v. Celotex Corp., 805 F. 2d 949, 953-954 (CA11 1986); Pyramid Securities Ltd. v. IB Resolution, Inc., [*807] 924 F. 2d 1114, 1123 (CADC), cert. denied, 502 U. S. 822 (1991); Sinskey v. Pharmacia Opthalmics, Inc., 982 F. 2d 494, 498 (CA Fed. 1992), cert. denied, 508 U. S. 912 (1993). Although these cases for the most part involve purely factual contradictions (as to which we do not necessarily endorse these cases, but leave the law as we found it), we believe that a similar insistence upon explanation is warranted here, where the conflict involves a legal conclusion. When faced with a plaintiff's previous sworn statement asserting “total disability” or the like, the court should require an explanation of any apparent inconsistency with the necessary elements of an ADA claim. To defeat summary judgment, that explanation must be sufficient to warrant a reasonable juror’s concluding that, assuming the truth of, or the plaintiff’s good-faith belief in, the earlier statement, the plaintiff could nonetheless “perform the essential functions” of her job, with or without “reasonable accommodation.”
HH HH
In her brief in this Court, Cleveland explains the discrepancy between her SSDI statements that she was “totally disabled” and her ADA claim that she could “perform the essential functions” of her job. The first statements, she says, “were made in a forum which does not consider the effect that reasonable workplace accommodations would have on the ability to work.” Brief for Petitioner 43. Moreover, she claims the SSDI statements were “accurate statements” if examined “in the time period in which they were made.” Ibid. The parties should have the opportunity in the trial court to present, or to contest, these explanations, in sworn form where appropriate. Accordingly, we vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
It is so ordered.