Daniel P. Kiely v. Heartland Rehabilitation Services, Inc., and Health Care and Retirement Corporation, D/B/A Georgian Bloomfield

OPINION

DAVID A. NELSON, Circuit Judge.

This is a disability discrimination case brought under Michigan law. The question we are asked to decide is whether, notwithstanding the plaintiffs attempt to reconcile what looked like inconsistent positions, the fact that the plaintiff had signed a social security disability application in which he swore that he was “disabled” and “unable to work” precluded him as a matter of law from showing that he was capable of performing the essential functions of his job.

We conclude that the statements made by the plaintiff in his application for social security…