The Realities of the Bell/Rozelle NFL Retirement Plan
After the Congressional hearing in June, 2007 which focused on health and disability issues of retired NFL Players, the NFL Management Council and the NFLPA jointly announced that one of the improvements to the disability system which they were adopting was the acceptance of a favorable Social Security disability decision as proof that the player was totally and permanently disabled. Shortly thereafter, the NFLPA published a White Paper indicating that this change meant that where SSA found a player disabled, they would not have to be examined by a Plan physician. Commissioner Goodell testified to that fact in the subsequent Senatorial hearing in September, 2007
I am presently representing a retired player who was found to be disabled by Social Security back in 2004 – which was within the 15-year period necessary for a player to establish the higher paying “football degenerative” category of benefits. The Plan has found this player entitled to the lower paying Inactive benefits, and I filed an appeal with the Retirement Board submitting the player’s Social Security file and explaining their decision. Essentially, the player’s past work was at the light exertion level (generally requires the ability to stand and walk at least six hours in an eight hour day) and they found that he was limited to sedentary work because of his orthopedic impairments (knees and back). Because he was over 50 years old and his past work did not provide any transferable skills to sedentary work, he is deemed disabled under their rules.
In light of the fact that this player had filed a previous application for T&P with the Plan and their own Medical Advisory Physician rendered a binding medical determination that this man was limited to sedentary work due to his orthopedic impairments, and that they were, in fact football-related, I thought that it would be easy for the Board to connect the dots and grant football degenerative. But no, they tabled his case and want to send him for a neutral physician exam. (A neutral exam is not binding, so regardless of the opinion; it could be rejected, necessitating additional exams.)
So I am in a total quandary in light of the fact that they had announced that they would accept SSA’s decisions. Also, as a practical matter, a current evaluation would have limited applicability to the player’s condition 4-½ years ago – the crucial deadline for football degenerative.
It is virtually impossible to do my job as an attorney if I do not know what the rules are – or, if they are changed, altered, amended or ignored when suits the Plan’s fancy.
Disability Attorney
Dave Pear
March 6th, 2009 at 12:23 pm #
Dear John Hogan,
Retired players are very fortunate to have a legal expert in disability Law on our side. The Retirement board for: THE BELL/ROZELLE NFL RETIREMENT PLAN – (A “JOINT VENTURE” OF THE NFLPA AND NFL) continues to violate ERISA Law to the detriment of retired players.
However, this obstinate Retirement Board is accountable for the contempt and lack of fiduciary duty they continue to display towards retired players and their beneficiaries!
Their days are numbered as we continue to petition for a GAO (Government Accountability Office) audit from Congress.
Furthermore, the NFLPA Leadership and the Retirement Board have trifled with disabled players and continue to cheat and swindle them and their families out of their earned medical benefits.
The court of public opinion or a court of law will put an end to their flouting the law.
Thank you Mr. Hogan for making these rascals accountable.
Sincerely,
Dave & Heidi Pear
Gary Burley
March 6th, 2009 at 3:56 pm #
Keep up the good work, Dave.
Thanks
Gary