CORRECTED

(ORDER LIST: 525 U.S.)

MONDAY, OCTOBER 5, 1998

CERTIORARI GRANTED

97-1008 CLEVELAND, CAROLYN C. V. POLICY MANAGEMENT SYSTEMS CORP.

The petition for a writ of certiorari is granted limited

to the following two questions:

1. Whether the application for, or receipt of, disability

insurance benefits under the Social Security Act, 42 U.S.C.

§ 423, creates a rebuttable presumption that the applicant or

recipient is judicially estopped from asserting that she is a

‘qualified individual with a disability’ under the Americans with

Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.

2. If it does not create such a presumption, what weight,

if any, should be given to the application for, or receipt of,

disability insurance benefits when a person asserts she is a

‘qualified individual with a disability’ under ADA?