John Hogan: NFL Disability

Apr 22, 2014

Attorney John Hogan

 

 

 

Dave,

As you well know, with regard to the Bert Bell/Pete Rozelle NFL Player disability plan, “NFL”  stands for “No Fair Law”.    While I hope to write a more extensive paper soon on the on-going problems with the Plan, one glaring in problem I have seen a few times lately is where players filed their disability claims “too soon”.  Under the prior CBA, for claims filed prior to September 1, 2011,  for a player who was found to be disabled within 15 years of his last credited season, the Plan had to make a separate determination whether the disability was the result of NFL injuries.  If not, the player was awarded the lowest paying category of benefits.   However, thanks to the last CBA, for disability applications filed after September 1, 2011, players no longer had to show that their disability was NFL related.  If they filed their application within 15 years of their last credited season, and they were found disabled, they received the “Inactive A” category (which is equivalent to the former ‘football degenerative’ category)

 

I have seen several players who applied under the old CBA, and were only granted the former “inactive” (i.e. lowest paying) category, as it was determined that their disability was not due to NFL football.  However, it is still less than 15 years since they left the League, and if they applied now, they would be eligible for $70,000 more per year as there is no requirement to show that their disability was caused by NFL injuries!

 

To be fair to these players, I think they should be “grandfathered” into the higher paying category of benefits.   

 

John V. Hogan

Attorney at Law

 

Law Offices of John V. Hogan

 

1325 Satellite Boulevard|Suite 1002

Suwanee, GA 30024

 

visit us: johnvhogan.com

 

 

 

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8 Responses so far | Have Your Say!

  1. Ahdea Jarvis
    April 22nd, 2014 at 9:06 pm #

    Dave,

    My husband Ray Jarvis had a CT scan of his brain and we were told he has irreversible brain damage to the center part of his brain. The Doctor said it could have very well have been from concussions. He has been unable to work for years and I am so worried about his health and his mental state all of the time. Ray is 63 years old now and we have been married 25 years and together 34 years.

    I know what the NFL did to Ray both mentally and physically; what I don’t know is what to do to assist him in getting compensation for all of the lost years. Ray hasn’t been physically well enough to work for many, many years and can’t really find a way to help himself. I am so worried about him, I do not want him to be a statistic and I think if the NFL was made to compensate him for the 9 years he played, he would feel better. It has been so hard on our family I have to work all of the time just to make ends meet and we have a 12-year old – I don’t have any idea how I am going to pay for college. She is going into 7th grade and a straight A student she deserves a College education. She is also a champion gymnast.

    I am also taking care of my brother who has down syndrome and 48 years old he lives with us. Ray is a perfect example of how the NFL just used a player and then threw him away, no Disability – nothing.

    I want to fight but I don’t know how to start? Any guidance is appreciated!

    Sincerely,
    Ahdea Jarvis
    Ray Jarvis
    Atlanta Falcons, Buffalo Bills
    Detroit Lions, New England Patriots
    1971 – 1979

  2. Jim Mcfarland
    April 22nd, 2014 at 9:41 pm #

    This is a good suggestion by Attorney Hogan. Maybe we can try to address this issue with the NFLPA Former Players Association.

    Regards,

    Attorney Jim McFarland
    jimmcfarl@aol.com

  3. J. Steed
    April 23rd, 2014 at 3:02 pm #

    Mrs. Jarvis, we understand what your husband is going through. Alot of us are in it’s early stages. I believe your husband should try Fish Oil. I would start out with 10-20 grams intially and adjust the dosage accordingly. Fish Oil is high in fatty acids and Omega 3s and is a natural anti-inflamatory; elements that the brain loves. The medical establishment does not recognize it’s healing properties; if doesn’t come from Big Pharma, they don’t use it. It was found to have restorative properties in a number of TBI cases. Coal miners who sustained TBI in a mine shaft and a comatose teen who sustained a car accident TBI, were both restored. I use it and it helps greatly and it is cheap from Wal-Mart – about $6 per twin bottle. This will help with his current symptoms until compensation comes.
    Concerning the old disability plan the NFL is using, which is broken and very rarely works. Should we be surprised?!? The current “plan” is another scheme, maintained by the same oligarchy that reaches into the court systems.
    We now have to think out side of the box to get our message across to the public!

  4. Judson Flint
    April 23rd, 2014 at 5:06 pm #

    What about the players who were given SSA disability after the 55 yr and older deadline for the Bert Bell qualifying benefits? If you don’t fall in line with time frames you lose out all together. Grandfather all disability claims to qualify even if you took an early pension.

  5. Josh Turner
    April 23rd, 2014 at 5:15 pm #

    The only way that you could be disabled is through playing NFL football, so my issue is why the NFL disability board is not granting the injured players with the full disability award. They were injured while playing NFL football, this does not make any sense.

  6. Nick Bebout
    April 23rd, 2014 at 6:17 pm #

    Dave—–sounds like this guy is okay. Any other feedback on his comments?
    Atl-73′–75′, Sea–76′–79′, Minn—80′

  7. TJ JONES
    April 24th, 2014 at 1:19 am #

    I TJ JONES FEEL IT SAD THAT YOU GIVE YOUR LIFE YOUR BODY TO SOMETHING YOU ENJOY AND GET NOTHING IN RETURN BUT ( PAIN ) BE IT CONCUSSION , BROKEN BONES , LIFE TIME MEMORY LOST . IT’S VERY SAD , AND THE OWNERS COULD CARE LESS .

    MY COMMUNICATION TJ JONES RETIRED PLAYER…

  8. HENRY BRADLEY
    April 30th, 2014 at 1:18 am #

    I am angry about the concussion situation.

    My sister found a way to take advantage of my situation and sued me for $10,000.00. She said I stole and borrowed money from her. I do not know what to do but I am not allowing anyone to take any thing from me. She said because of my situation, she was afraid of me and the judge agreed with her.

    I do not have any money but I need someone to talk to and give me advice. I willing to take a polygraph test to show I didn’t take anything from anyone. It important to me to show the judge he was manipulated by my sister.

    I am mad, and when you are mad all types of things cross your mind.