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OPSTEEN v. KELLER STRUCTURES, INC.

No. 04-2816.

408 F.3d 390 (2005)

Christopher M. OPSTEEN, Plaintiff-Appellant, v. KELLER STRUCTURES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 18, 2005.

Attorney(s) appearing for the Case

Mark J. McGinnis, Lance E. Mueller (argued), Herrling Clerk Hartzheim & Siddall, Appleton, WI, for Plaintiff-Appellant.

Mark A. Johnson (argued), Krukowski & Costello, Milwaukee, WI, for Defendant-Appellee.

Before BAUER, EASTERBROOK, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

A fall left Christopher Opsteen with serious cognitive shortcomings. He applied for and received disability benefits under both the Social Security program and his employer's ERISA plan. Both applications asserted that he was totally and permanently disabled from performing his former job as a laborer in Keller's steel shop, or indeed any other gainful employment. Notwithstanding these successful applications, however, Opsteen asked Keller...

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