CLEVELAND v. POLICY MANAGEMENT SYSTEMS CORP. ET AL.

Decision Date24 May 1999
Citation526 U.S. 795
CourtU.S. Supreme Court
Syllabus

CLEVELAND v. POLICY MANAGEMENT SYSTEMS CORP. ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-1008. Argued February 24, 1999-Decided May 24,1999

Mter suffering a stroke and losing her job, petitioner Cleveland sought and obtained Social Security Disability Insurance (SSDI) benefits, claiming that she was unable to work due to her disability. The week before her SSDI award, she filed suit under the Americans with Disabilities Act of 1990 (ADA), contending that her former employer, respondent Policy Management Systems Corporation, had discriminated against her on account of her disability. In granting Policy Management Systems summary judgment, the District Court concluded that Cleveland's claim that she was totally disabled for SSDI purposes estopped her 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). The Fifth Circuit affirmed, holding that the application for, or receipt of, SSDI benefits creates a rebuttable presumption that a recipient is estopped from pursuing an ADA claim and that Cleveland failed to rebut the presumption.

Held:

1. Pursuit, and receipt, of SSDI benefits does not automatically estop a recipient from pursuing an ADA claim or erect a strong presumption against the recipient's ADA success. However, to survive a summary judgment motion, an ADA plaintiff cannot ignore her SSDI contention that she was too disabled to work, but must explain why that contention is consistent with her ADA claim that she can perform the essential functions of her job, at least with reasonable accommodation. Pp. 801-807.

(a) Despite the appearance of conflict between the SSDI program (which provides benefits to a person with a disability so severe that she is unable to do her previous work or any other kind of substantial gainful work) and the ADA (which prohibits covered employers from discriminating against a disabled person who can perform the essential functions of her job, including those who can do so only with reasonable accommodation), the two claims do not inherently conflict to the point where courts should apply a special negative presumption such as the one applied below. There are many situations in which an SSDI claim and an ADA claim can comfortably exist side by side. For example,

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796 CLEVELAND v. POLICY MANAGEMENT SYSTEMS CORP.

Syllabus

since the Social Security Administration (SSA) does not take into account the possibility of "reasonable accommodation" in determining SSDI eligibility, an ADA plaintiff's claim that she can perform her job with reasonable accommodation may well prove consistent with an SSDI claim that she could not perform her own job (or other jobs) without it. An individual might qualify for SSDI under SSA's administrative rules and yet, due to special individual circumstances, be capable of performing the essential functions of her job. Or her condition might have changed over time, so that a statement about her disability made at the time of her application for SSDI benefits does not reflect her capacities at the time of the relevant employment decision. Thus, this Court 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. Pp.801-805.

(b) Nonetheless, 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 a plaintiff fails to make a sufficient showing to establish the existence of an essential element on which she has the burden of proof at trial. Celotex Corp. v. Catrett, 477 U. S. 317, 322. An ADA plaintiff's sworn assertion in an application for disability benefits that she is unable to work appears to negate the essential element of her ADA claim that she can perform the essential functions of her job, and a court should require an explanation of this apparent inconsistency. 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. Pp. 805-807.

2. Here, the parties should have the opportunity in the trial court to present, or to contest, Cleveland's explanations for the discrepancy between her SSDI statements and her ADA claim, which include that the SSDI statements that she was totally disabled were made in a forum that does not consider the effect that reasonable workplace accommodation would have on her ability to work and that those statements were reliable at the time they were made. P.807.

120 F. 3d 513, vacated and remanded.

BREYER, J., delivered the opinion for a unanimous Court.

John E. Wall, Jr., argued the cause for petitioner. With him on the brief was Laura Eardley Calhoun.

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Matthew D. Roberts argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Underwood, Arthur J. Fried, C. Gregory Stewart, Philip B. Sklover, Lorraine C. Davis, and Robert J. Gregory.

Stephen G. Morrison argued the cause for respondents.

With him on the brief were C. Adair Bledsoe, Jr., David N. Kitner, and Kimberly S. Moore.*

JUSTICE BREYER 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

*Briefs of amici curiae urging reversal were filed for the Aids Policy Center for Children, Youth, and Families et al. by Catherine A. Hanssens and Beatrice Dohrn; and for the National Employment Lawyers Association et al. by Alan B. Epstein and Paula A. Brantner.

Briefs of amici curiae urging affirmance were filed for the Association of American Railroads by Daniel Saphire; and for the Equal Employment Advisory Council by Ann Elizabeth Reesman.

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798 CLEVELAND v. POLICY MANAGEMENT SYSTEMS CORP.

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

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 checks on prospective employees of Policy Management System's clients.

January 7, 199.1,: Cleveland suffered a stroke, which damaged her concentration, memory, and language skills.

January 28, 199.1,: Cleveland filed an SSDI application in which she stated that she was "disabled" and "unable to work." App. 21.

April 11, 199.1,: Cleveland's condition having improved, she returned to work with Policy Management Systems. She reported that fact to the SSA two weeks later. July 11, 199.1,: Noting that Cleveland had returned to work, the SSA denied her SSDI application.

July 15, 199.1,: Policy Management Systems fired Cleveland.

September 1.1" 199.1,: Cleveland asked the SSA to reconsider its July 11th SSDI denial. In doing so, she said:

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"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 199.1,: 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.

On September 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 "accommodat[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...

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