Can I Apply for SSDI Benefits While Suing an Employer under ADA?

If you’re pursuing litigation against an employer under the Americans with Disabilities Act, you can still apply for Social Security Disability Insurance (SSDI), but you will have to explain the apparent contradiction to the judge presiding over your suit.  To qualify for benefits, SSDI applicants have to prove that their impairment prevents them from engaging in substantial gainful work for at least a period of twelve months.  Claims examiners employ strict criteria to evaluate the severity of disabilities that can keep people out of work.  Applicants have to meet a high threshold of physical or mental impairment to receive insurance benefits, and they must be out of work at the time of submitting the claim.

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against workers on the basis of disability.  One provision of the Act requires employers to provide reasonable accommodation to the particular needs of disabled workers in the form of modified schedules, wheelchair-accessible facilities, etc.   Employees have the right to sue a company or employer that fails to make the necessary arrangements to assist them on the job.  Congress passed this law to remedy the obvious unfairness of keeping a whole class of persons out of work or in low-paying, menial occupations.  Prior to the passage of this law, many employers could fire disabled persons at will without needing to accommodate their disability.

The mechanisms for legal redress under the ADA presume a disabled person’s inclination and ability to work.  Social Security Disability Insurance, however, provides for disabled persons whose illness or injury is so severe that they are unable to work.  How can you seek redress under both laws?

The courts originally held that SSDI applicants or beneficiaries could not file a lawsuit against a former employer for discrimination under the ADA.  An application for disability insurance on its face amounts to admitting an inability to work.  The employer cannot be held liable for withholding work from someone incapable of working.  The Supreme Court, however, reversed this decision of the lower courts, asserting that an application for SSDI benefits didn’t necessarily nullify an ADA lawsuit (Cleveland v. Policy Management Systems Corp. , 526 U.S. 795 (1999). Reasonable circumstances could exist, the court declared, where both procedures could be legally compatible.  For example, an employer might have denied reasonable accommodation to a disabled worker.  This person could have kept working with the proper workplace adjustments, but the employer refused to yield.  This employee might have grounds for a lawsuit under ADA, while still being able to apply for SSDI benefits on the grounds that continued employment is impossible under current workplace conditions.  This hypothetical scenario stretches probability a little bit, because the SSA determines whether an individual’s disability keeps them from performing any kind of job, not just their most recent one, but regardless of its curious reasoning the Supreme Court now allows this kind of suit to move forward through the courts.

In reality, getting an ADA lawsuit off the ground during the SSDI application process is a tough sell.  The Supreme Court has provided some legal standing to individuals in this situation, but the plaintiff must still give a formal explanation to the judge for his/her entitlement to disability insurance while suing an employer for termination or discrimination in employment.  This explanation must take place before the case even reaches trial, and if the explanation is unsatisfactory, the judge may dismiss the case out of hand. 

The Social Security Administration insists that individuals applying for insurance reach a very high threshold of impairment to qualify for monthly benefits.  A lawsuit under ADA, on the other hand, presumes the plaintiff’s ability to work under the right conditions.  If you think your case can withstand this apparent contradiction, speak with an experienced disability attorney who handles these issues on a regular basis and will know the best way forward to reconcile the apparent conflict.

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.