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Disability claim arising from ADHD during probation period is dismissed

In Scott v. Commissioner of Social Security, the plaintiff alleged that she was terminated in violation of the provisions of the Americans with Disabilities Act.  She was hired as a disability examiner with a one year probation period.  She experienced problems in performance within 45 days of her hire and was soon diagnosed with "mild to moderate ADHD."  She responded positively to treatment and acknowledged an improved ability to concentrate, but continued to make errors that rendered her job performance unsatisfactory.  She was ultimately terminated before completing her probationary period. Her lawsuit was dismissed as she had not demonstrated a "disability" pursuant to the ADA, and in any event there were substantive, legitimate grounds for her dismissal based upon her poor work performance.

Thompson O’Neil, P.C.
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