Eleventh U.S. Circuit Court of Appeals Determines Distinction Between a Disability under the Social Security Act and the Americans with Disabilities Act

The Eleventh U.S. Circuit Court of Appeals, Florida's Federal Appeals Court, has ruled that an individual deemed totally disabled by the Federal Social Security Administration ("SSA") can still being suit against an employer under the American's With Disabilities Act ("ADA"). The majority of the Federal Appeal Courts have ruled in the same manner.

How can an individual receive payment from the Social Security Administration because they can not work, and at the same time, sue their employers and claim that they can work?

The Eleventh U.S. Circuit Court of Appeals has decided, like other courts, that the Social Security Administration and the American's with Disabilities Act have different standards for determining whether or not someone is disabled. Because the standards are different, it is a possibility for an individual, like the plaintiff in this case, to qualify under both.

In the Eleventh U.S. Circuit case, the plaintiff worked for the School Board of Palm Beach County. She was hired in 1990 as a secretary under a one-year renewable contract to make appointments for students to see guidance counselors.

In 1992, the plaintiff began experiencing back pain and was advised by her doctor that she should avoid standing for along period of time. She claims that she requested a special chair and a handicap parking space and her requests were refused.

In 1993, the plaintiff requested a transfer to a desk job, which was also denied. In addition, she was informed that her contract for employment would not be renewed.

The plaintiff later became bed ridden and took unpaid leave until the expiration of her contract. She applied for and received Social Security disability benefits for total disability, stating in her application that she could not stand for more than 5 minutes, was in extreme pain, and has difficulties walking. Nevertheless, the plaintiff also sued the School Board, claiming that her "skills" were good and that the Board failed to accommodate her disabilities.

In order to be protected by the ADA, an individual must be able to perform the essential functions of the job, with or without reasonable accommodation. On the other hand, the Social Security Administration does not inquire if an individual can continue to work with accommodation.

The Eleventh U.S. Circuit Court of Appeals did not rule upon whether the plaintiff was in fact able to work with an accommodation. The School Board asked for summary judgment in the case based on the inherent contradiction of collecting payments for total disability while claiming to be able to work at the same time. The court noted that the information contained on a Social Security Administration benefits application was just one piece of evidence in an ADA lawsuit from proceeding. The court did say, however, that the plaintiff would not be permitted to deny the truth of any statement made on her Social Security Administration application, stating "an employee suing under the Americans with Disabilities Act should not be permitted to disavow any statement she made in order to obtain Social Security Administration benefits".