Dave Pear's Blog

EDITOR’S NOTE: Several weeks back, the NFLPA put out a request to local chapters for three questions to send along to their big meeting in Washington DC. Disability Attorney John Hogan actually had a few questions to point out in the new CBA. John also has some observations from a recent case that was “approved” by the Disability Board:
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1. The CBA contains some significant changes in disability – specifically, there will no longer be a requirement to show that your disability is ALL football-related. Why weren’t these changes made retroactive so that guys who are disabled but denied football degenerative might be able to get a better deal?
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EDITOR’S NOTE: We just received an update from disability attorney John Hogan on another of his recent disability applications on behalf of another retired football player. He also included a copy of the Disability Board’s short 3-page boilerplate ruling.
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Attached is a recent decision I received from the Bell/Rozelle NFL Player Retirement Plan’s Disability Initial Claims Committee (DICC) finding that a former player was entitled to Inactive Benefits. (It was filed prior to Sept. 1st, so the new CBA rules do not apply and we are seeking Football Degenerative benefits.) continue reading »

EDITOR’S NOTE: Disability Attorney John Hogan is in flight on his way once again to the Second Annual Sports Law Symposium being held at Santa Clara Law campus. This year’s theme will cover Intensifying Sports Law Issues: Concussions, Steroids, Labor Strife and the Use of Player Images. You can visit their Symposium page by clicking HERE. Some of you may recall that DeMaurice Smith, Executive Director of the NFLPA, was invited to speak at last year’s Symposium but turned out to be a no-show (for “personal reasons” – you can read that post from last year by clicking HERE). Well, John Hogan and a few other attorneys are also attending this conference with questions in hand on behalf of the retired football players that Mr. Smith is supposed to be representing. Wonder if he’ll have another excuse not to show up again this year? Great example for the current players, DeMaurice: If you don’t like the team you’re playing against, just don’t show up… Guess that’s why they pay you the big bucks.
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Meanwhile, John has taken more time to look over the new CBA and has additional observations to report while in mid-flight. It’s interesting that with so many experts and big mouths over at the NFLPA, the silence is absolutely deafening as we continue to miss one deadline after another on providing more clarification and details on key issues that matter to retired players issues. Here are John’s latest findings:
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I’m on the plane just entering California airspace now. It will be interesting to see if De Smith shows up at the Symposium this year.
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I’ve finally had a chance to read the new CBA disability provisions in greater detail and the best way I can sum them up is that if you haven’t been screwed yet, you might be OK. If you’ve already been screwed, there are no remedial provisions.
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I do not understand the new neuro-cognitive disability benefit or who they expect it will help. You have to be vested; you CAN’T be on LoD or Total-and-Permanent AND you have to be under 55! I guess it might be available for some guys who are still working but who can work with a cognitive impairment? (Other than as a fiduciary of the Plan and/or sitting on the Retirement Board? And even that was part-time work.)
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Also, as I have previously indicated, this $30,000 earnings provision will be more of a problem than a help. Do you realize that $30,000 per year equates to a full-time job at $15 per hour? How many guys who have been (or will be) denied disability because they supposedly could do some simple sedentary work would have been able to find an unskilled sedentary job that paid (or pays) that much? Will they continue to reject disability applications out of hand without finding out some information about the work? If a guy is working, but earning less than $30,000 – will they even process his application?
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John Jogan
Disability Attorney
Retired Football Players Advocate
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By John V. Hogan, Esq.

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The new CBA contains a provision that on its face appears to be of benefit to some retired NFL players receiving Total and Permanent disability benefits under the Bert Bell/Pete Rozelle NFL Player Retirement Plan. Article 61, Section 2 (a) (i) provides that a player will be permitted to receive up to $30,000 per year of earned (i.e. “work”) income without affecting his disability benefits. Presumably this was enacted to allow guys to be paid some appearance fees or earnings from card signings and other events without jeopardizing their “total disability” eligibility.
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INTRO: Disability Attorney John Hogan managed to make a little time in his crazy schedule to take a short review of the new CBA that was released earlier this week. (Click HERE to read the 318-page agreement.) Keep in mind that these are just some preliminary observations and I’m sure we’ll be hearing more detailed analysis from others in the weeks to come. But John’s notes will hopefully shed some light on a few issues that are relevant to retired players. More to come…
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John Hogan - Disability Attorney

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I’ve been asked numerous times in the past few days about the new CBA. I have been too busy to properly study it and give as thorough an analysis as I would like. However, having glanced at the disability provisions of the new CBA a couple of times, I do have a few thoughts:
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EDITOR’S NOTE: On Friday afternoon, NFLPA Disability Board Representative Sam McCullum wrote back to disability attorney John Hogan as part of our heated discussion on retired players’ Disability Benefits and their rights under ERISA law. (Click HERE to go back to that earlier post and be sure to read all the comments that are still coming in on that post.) We’re posting both of their letters here to continue an open review of how disability decisions are currently being made for retired players and how ERISA guidelines are not being applied. This is a must-read for any of you who have applied or plan on applying for your earned Disability Benefits.
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And before a few of you go off on us again for bringing the ghost of Gene Upshaw back into this fray, this is a direct reference to his original quote from an interview with The Washington Post’s Micheal Leahy in 2008. All too many retired players (even the late Johnny Unitas) lost their benefits because of this long-standing misinterpretation of the law. And that, my friends, is NOT bitterness – it’s reciting History. Those who do not follow or understand History are bound to make the same mistakes over and over again.
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From Page 26: The Washington Post Magazine February 3, 2008) – Super Bowl Sunday

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The Associated Press reports this morning that 20 current and former NFL players headed to Capitol Hill to lobby members of Congress to help avoid a lockout in 2011 if a new CBA is not reached. (Read that article by Frederick Frommer HERE.) De Smith told reporters that the players would remind Congress about the “gifts” Congress bestows on the league, such as an antitrust exemption for broadcasting contracts. (You can also read the story on ESPN HERE.)

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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.

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Our good friend and player advocate, disability attorney John Hogan, was able to attend that Symposium held at the Baltimore School of Law on Thursday. Here are his notes from that day:

Notes from

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John Hogan - Disability Attorney

Disability Attorney John Hogan has gone above and beyond in his efforts to help the retired disabled players. John has recently helped several players with their re-applications under this year’s disability plan. (You can read more about John by visiting his website by clicking HERE.) In case anyone doesn’t understand fiduciary responsibility and the legal and moral responsibility it carries with it:

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Fourth & Goal Applauds $28.1 Million Retired Player Verdict vs. NFLPA

- Calls for Unity Among Retired and Active NFL Players and Transparency with the League -

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…and we can all afford health insurance!

John Hogan - Disability Attorney

Well guys, it’s been fun! But I guess I can go back to playing golf in my spare moments. It looks like retired players don’t need me/us.

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Kudos to Tony Davis for his tireless advocacy on behalf of retired players! Tony finally secured a copy of the “Alliance” disability application for players over 55 years of age as of April 1, 2008. Before yesterday, we had only seen the application for early retirees under 55. Now that we have seen both, here’s the skinny:

1) For players under 55 as of April 1, 2008 who took early retirement, there are two ways to qualify for T&P disability. If you are already on Social Security, the Plan will accept this as proof of T&P Disability. If you wish to pursue the higher paying “football degenerative” classification, you will need to separately establish that the disability is football-related and commenced within 15 years of your last credited season.

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Social Security Disability Attorney, John Hogan, has graciously provided a list of tips on How to Obtain Your Social Security Disability Decision. Thanks, John!

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