From the National Law Review:
An employee who applies for and receives Social Security disability benefits may be judicially estopped from bringing a disability discrimination claim under the Americans with Disabilities Act (the “ADA”) according to a recent Louisiana District Court case. Tanner v. BD LaPlace, LLC. ...
The Court held that Tanner was precluded from bringing an ADA claim because of his sworn testimony provided to the SSA that he was “totally disabled” as of February 10, 2016. Relying on the Supreme Court’s decision in Cleveland v. Policy Mgt. Sys. Corp., 526 US 795, 806 (1999), the court here determined that it was Tanner’s responsibility to explain the contradiction, which he failed to do. ...
7 comments:
The guy was acting erratically at work. He was asked to do a fitness for duty test and refused. He was found to have abandoned the job. LATER, he applied for SSA disability and was found disabled prior to his work that was erratic. And he wanted to file a complaint bases on the ADA? Crazy.
@4:18 that is "crazy", however, if this is a mental health issue, thought processes don't work the way they do in others. Each affliction has it's own "wiring" issues. If mental health wasn't so taboo to discuss, or had more government funding, these things wouldn't get to this point. Sadly though, our most vulnerable are always the most picked on when it comes to funding on state and federal levels. Until this is addressed, the things will continue to happen.
Title is click bait and grossly misleading.
Tanner argued that his employer shouldn't be allowed to demand a mental examination for him to continue his job, stating he was fit to do so. However, he also maintained before SSA that he was not mentally competent to work and his disability would prevent him from engaging in substantial work for at least a year.
"Tanner's co-workers had reported that Tanner was talking to himself, openly questioning whether he was seeing things, confrontational with co-workers, and discussing aloud workplace shootings. -------- (from 2018 decision)
"Tanner affirms in his filing with the EEOC that he does not have a disability, stating "I do not have a disability but employer fired me for refusing to submit to a medical examination (both physical and mental) without cause or concern." (from 2019 decision)
SO CHARLES, you want something sympathy and outrage for a guy trying to play the system? Tell SSA I'm disabled and give my attorney a check, but not my employer? Sorry, no pity for this fool.
Yesterday, I filed a brief in Federal Court in a Social Security Disability case. I cited the Cleveland case in that the ALJ denied the case through finding that the claimant could work at SGA by virtue of reasonable accommodation. I also cited SSR 00-1c. My case is the reverse of the Cleveland situation. In Cleveland the Supreme Court mentioned that for SSDI purposes, "it does not take the possibility of "reasonable accommodation when [a claimant] applies for SSDI." Over the past several years, I have seen odd ALJ decisions like finding a 64 year old woman with severe muscle weakness could perform medium work or the 64 year old man who could only lift 5 pounds with his right arm but was found to be capable of medium work because the ALJ found he could lift 50 pounds with his left arm. I don't give up on these cases.
@7:15. You are the problem when it comes to mental health. Mental heath is a serious issue. Rational thinking is affected. Do not judge unless you have been in their shoes...or if you are an ALJ and the claimant is STANDING IN FRONT OF YOU. Just like doctors don't diagnose without seeing the patient (especially mental health), one shouldn't judge before seeing the claimant. Unfortunately, you're the fool here.
@7:16
We use Cleveland in our cases for the same purpose.
Wow, interact with reality much? I'd bet most CRs have taken claims from people who were clearly mentally disabled in some major way, borderline functional but delusionally committed to "I am not disabled" as a theme. Folks we had to find payees for and who were not allowed to read their medical files directly. I lack the training to assign a proper medical term, but psychiatrists usually did and the denial by the disabled client was pretty common. Saying the man was trying to have it both ways assumes he was "sane", to use a wrong word.
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