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Courts have frequently used a "talking out of both sides of one's mouth" analogy in describing disability discrimination plaintiffs who claim to be totally disabled for the purpose of SSI benefits -- but also claim to be "otherwise qualified" for a position under the Americans with Disabilities Act. This type of duplicitous assertion has been rejected again in a recent 3rd U.S. Circuit Court of Appeals decision.
November 12, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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