United States Sixth Circuit

In a disability discrimination case brought under Michigan law, the fact that plaintiff had signed a social security disability application in which he swore that he was "disabled" and "unable to work" did not preclude him as a matter of law from showing that he was capable of performing the essential functions of his job. His declarations of disability can be interpreted as context-related legal conclusions, rather than purely factual statements regarding inability to work.

Appellate Information

• Decided 02/26/2004
• Published 02/26/2004

Judges

• Before DAVID A. NELSON, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• George LaPlata,Alan R. Miller, Birmingham, AL, Charles M. Sirhal (argued and briefed), Bloomfield Hills, Michigan, for Appellant.


• For Appellees:
  
• Susan Healy Zitterman (argued and briefed), Karen B. Berkery, Kitch, Drutchas, Wagner, DeNardis & Valitutti, Detroit, Michigan, for Appellee.