Plaintiff is estopped from pursuing ADA action based upon medical
representations made in his applications for Social Security and ERISA
disability benefits.
Opsteen v.
Keller Structures, Inc., 408 F.3d
390
(7th Cir. May 18, 2005) - This is an ADA action. After suffering a fall,
Christopher Opsteen was left with serious cognitive shortcomings. His wife
applied for Social Security and ERISA disability benefits on his behalf. In
support of these applications, a physician made representations that Opsteen
would likely never be employable in a competitive setting and that any work
would need to be 100% supervised. In the ADA action, this same doctor sought
to recant these prior representations without any logical explanation.
Moreover, notwithstanding Opsteen's new position (that he is not as bad as
his doctor represented in the applications for disability benefits), no
effort has been made to advise the Social Security Administration or the
ERISA plan of this change in position as to the extent of his medical
disability. The Seventh Circuit affirms the grant of summary judgment in
favor of Keller Structures based upon the teachings of Cleveland v.
Policy Management Systems Corp., 119 S.Ct. 1597 (May 24, 1999).
