Is there any case law where a plaintiff alleges that she was denied a disability benefit by reason of her disability?

MultiRegion, United States of America

The following excerpt is from Gavin v. Univ. of Cal., No. 2:16-cv-2316-JAM-EFB PS (E.D. Cal. 2016):

Plaintiff also alleges a claim for violation of section 504 of the Rehabilitation Act. ECF No. 1 at 7. "A plaintiff bringing suit under 504 must show (1) he is an individual with a disability; (2) he is otherwise qualified to receive the benefit; (3) he was denied the benefits of the program solely by reason of his disability; and (4) the program receives federal financial assistance." Duvall v. County of Kitsap, 260 F.3d 1124, 1135 (9th Cir. 2001). As just explained, plaintiff has not alleged that she was denied a benefit by reason of her disability. Accordingly, she also fails to state a claim for violation of the Rehabilitation Act.

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