This is a copy of a handout given out by the NFLPA to show their great work to Certified Contract Advisors at the annual Sports Lawyers Association conference recently held in San Diego CA. . So if they did such a great job, where did all that money go for the retired players? The NFL has now officially stated for the record that they were already offering to put up 51% of what was needed to cover an increase to widows’ benefits if the NFLPA put up the other 49% (read about that on an earlier post – clickHERE). And a large number of retired players are still reporting back that they have yet to even hear back from the fund on their Legacy Benefits while others are already receiving their retroactive checks and increased payments. So maybe it’s time to stop bragging and show retired players and their families the money, Mr. Smith. . We’ve posted a copy of the handout to Scribd for viewing and to make it downloadable. You can also click the Fullscreen button in the lower right corner of the screen to enlarge it for easier navigation (just hit the ESC key to close): . 2012 SLA NFLPA Meeting Notes . EDITOR’S NOTE:Best analysis so far from Mike Florio on ProFootballTalk: . Click HERE to read that article. .
On Sunday, the Denver Post published an article and interview I did last week with sports journalist, Terry Frei. Over the course of our conversation which mostly covered the issues of injuries and concussions and the subsequent consequences of the League’s general attitude of denial at all levels. (A link to that article is at the bottom of this post.) At one point in our conversation, I told Terry, “The concussion issue, if not handled right, has the potential to end football.” (My emphasis.) What I did NOT say was that the concussion issue would end football. No sooner than Terry’s article was posted, then the other media and bloggers immediately re-wrote the story and started to misquote me. The worst misquote? NFL.com with this headline: Ex-player Dave Pear says concussion issue could end NFL. Not really what I said at all. . Most of our readers know that my long battle has always been about legal and open access to OUR earned pension and disability benefits. And any resolution on concussions will need to address three separate groups of players: Past, Present and Future. (By the way, you might remember that this slogan used to be on all our NFLPA membership cards.) Each of the retired players who played will need to have direct access to their benefits that should include testing and treatments from their football-related concussions and brain damage, as well as access to assisted care and monitoring in later years. There is no doubt that most of the earlier players from the 50′s and 60′s were not given the safest equipment during their playing careers. It was even more about the money back then than it is today – just ask the men who played on the original hard surfaces of Astro Turf about the toll it took on their bodies and their heads. All for the savings the owners made from not having to maintain real turf. And they went on strike in the late 50′s and early 60′s not for more money but to make the owners pay for their uniforms and equipment. . For the present-day players, the addition of independent neurologists on the sidelines certainly helps, along with better-defined rules to ensure that concussed players don’t return to the game unless cleared by experts (no more Dr. No’s). Many of the new rules are a good step in the right direction. Newer treatments such as hyperbaric oxygen therapy (HBOT) are being shown to shorten recovery while helping with healing to the damage that concussions leave behind. Even if owners are more concerned about profits, the ROI on getting a million-dollar-a-year asset back on the field in half the normal time makes pure business sense. And while the League is at it, a great PR move would be to allow retired players free access to these hyperbaric chambers when they’re not being used by the team. . For future players, any improvements in the rules and knowledge gained from players past and present can only serve to provide them with a much safer game while still preserving the game of football as we know and love it. But if we’re going to save football, players from the past, present and future will need to work together in order to help protect each other first. Current and future players owe the retired players a priceless debt for the sacrifices they paid with their bodies and brains – as well as the long years of denial – to get to this point where there is finally a serious discussion on something that affects us all. The players of the future will surely also benefit from the way the game is shaped for today’s players. . .
Ex-NFL player Dave Pear seeks to change league policy on concussions
We just received another note from retired player and attorney Bob Stein with more clarification on the Legacy Fund Benefits. Many of you will already be familiar with Bob as one of the lead attorneys for the Dryer vs. NFL (Films) lawsuit. Dave also received a memo from Joe Browne out of the NFL offices that contains an interesting note about your Legacy Fund benefits as well as a proposal for widows that has apparently been on the table awaiting an answer from… yes – you guessed it: Your Union. Please call or write your Union to let them know they need to get off their collective butts and DO THE RIGHT THING! Pay the widows NOW! . We’ll start off with Bob Stein’s notes: . May 8, 2012 . To: Fellow Retired NFL Players From: Bob Stein RE: Legacy Benefit .
Men, . I spoke to the NFL Player Benefits (“Plan”) office yesterday and got what I think is some clarity on two more issues regarding the Legacy Benefit which have many retired players confused. I am passing the conversation notees along in hopes of helping. . Bob Stein . LEGACY BENEFIT INFORMATION . While I cannot provide legal advice on this matter, I would like to pass along the information I received by telephone on May 7, 2012 from the NFL Player Benefits Office for other retired players waiting for Legacy Benefit payments or wondering about their status. . 1. Players currently receiving NFL Disability payments – I was told these players would receive only THE GREATER OF: . a) the amount of monthly disability payment they currently receive; OR . b) the total of monthly pension payment they would now qualify for based on years of service, etc. plus the monthly Legacy Benefit they would qualify for under the 2011 CBA. . They made it clear you only receive whichever monthly amount is greater. So players whose current disability payment is greater than the total of (b) would receive NO additional payment from the Legacy Benefit in the new CBA. . 2. Players who assigned all or part of their pension benefits to an ex-spouse in their divorce: . I was told each of these situations would be reviewed individually by Plan attorneys and actuaries to see what payment rights that individual player’s divorce decree language assigned to his ex-spouse. Since the language on what divorce obligations are continuing can be different for every decree, based on what was agreed to or awarded by the court, the Plan advisors must go through them individually to see what should go to each ex-spouse and each player. . I hope this information helps clarify some remaining Legacy Benefit issues. The number of the NFL Player Benefits Office is (800) 638-3186. . And some of what was relayed to retirees from the NFL Offices today: .
Dear Retired Player: . The following items may interest you: . 1. Attached is a four-page summary of the recent record-based study by the National Institute for Occupational Safety and Health (NIOSH) of all retirees who played in the NFL for at least five seasons from 1959 through 1988. We previewed this study in the most recent NFL RETIRED PLAYER NEWS that was emailed to you on April 24. NIOSH also sent via regular mail a copy of this same information to the 3,439 players whose records were used for the study. . 2. More than 250 retirees who had been waiting to hear from the Pension Benefit office in Baltimore regarding their Legacy payments were mailed information on their individual cases in recent weeks. One of the last group of retirees to receive information will be those players who have QDROs and also receive Disability Benefits. Also, the 320 widows and other beneficiaries of vested pre-93 players who died prior to the 2011 CBA being signed still are awaiting word from the NFLPA regarding those Legacy benefits. The league is on record as stating it will pay 51% of the costs for the widows benefit if the NFLPA pays the balance. . 3. The NFL Alumni Association announced over this past weekend at a Board meeting in Arizona the resignation of Executive Director George Martin, who had served in that post since October, 2009. Ex-Giants quarterback Joe Pisarcik, who serves as the non-salaried President of the Alumni Association, also will act as interim Executive Director until a full time successor is named. . Incidentally, the Association’s annual Super Bowl of Golf, which matches winning teams from all local Alumni chapters, was held in conjunction with the Board meeting and was won by a team led by ex-Bears quarterback Jim McMahon. Congratulations. . 4. All of us in the NFL family mourn the death of NFL great Junior Seau last week. There will be a private memorial service and burial this Friday, May 11 in Oceanside, California followed by a public memorial that same night at QualComm Stadium, the home of the Chargers and site for many of Junior’s on-the field heroics. . Joe Browne . Senior Advisor to the Commissionercontinue reading »
EDITOR’S NOTE: Thurs. May 9, 2012 10:40 pm PST . Uploaded complete 896-page study to Scribd ; go to bottom of this post to read. . How many of you even remember that way back in 1991, the Dept. of Health & Human Services sent out questionnaires to a large group of us retired NFL football players who played professionally since 1959? The study was to verify or counter a popular belief at the time that retired football players had shorter life spans. Like myself, many of you have also confirmed that you were told years ago to take your pensions early as you would not survive past the age of 55. It meant that your pension checks were discounted for taking early retirement but – based on a false interpretation of a so-called law by management that included those at the highest levels – it also disqualified those who took their pensions from receiving disability benefits as well. You can read about how Gene Upshaw had his words handed back to him in this early article from Michael Leahy in the Washington Post (Feb. 2008): Click HERE to read that article with attorney Lanny Davis’ answer. You can also read about how even Johnny Unitas was cheated out of his earned – and badly-needed – disability benefits by his own Union: Click HERE to read that post. . Here’s a copy of the original letter from HHS in 1991. (We uploaded a copy of the original letter as well as the recent correspondence to Scribd for viewing and to make it downloadable. You can also click the Fullscreen button to enlarge it for easier navigation – just hit the EXIT FULLSCREEN button key to close): . 1991 Dept HHS Letter RE: NFL Football Players . Dept of HHS NFL Study . What’s not covered in this study that took over 20 years to complete? Concussions, brain injuries and long-term effects. While some of us may be happy to now hear that we’re going to be living longer, for too many of our families already seeing the memory loss and symptoms of dementia in many of you, this means that you may end up in need of longer assisted care than the average male. Small pensions, little or no access to disability benefits and the prospect of expensive long-term care for those with declining mental capacity. Sounds like one more heads-we-win-tails-you-lose proposition from the NFLPA and the NFL. Again. . May 9, 2012 • Here’s the entire 896-page study from the NIOHS: . Complete NIOHS NFL Study .
Someone once said not long ago that George Martin’s ascension to the Executive Directorship of the NFL Alumni was the perfect example of the American Dream. In reality, honesty and integrity will always get you where you need to go in following the real American Dream. The old adage, “The people you pass on the way up the ladder will be the same people you run into on the way down” should hold true here. . We also want to ask Commissioner Goodell if he plans to hold George Martin and Ron George to the same high standard of full accountability that he imposed on the New Orleans Saints players during his bounty investigation? In the real game of life, there is no room for double standards, Mr. Commissioner. But in real life, it’s not going to be game suspensions. People’s lives have been totally disrupted or even destroyed as a consequence of George Martin’s actions – or inactions. Spending money like a drunken sailor – particularly when it’s not yours to spend – is a recipe for disaster. We wonder if brain damage is now going to be the excuse? . Here’s the story from A.J. Perez FOX Sports: .
Posted with the express consent of Evan Weiner: THE BUSINESS AND POLITICS OF SPORTS .
Wednesday, 2 May 2011 .
BY EVAN WEINER
NEWJERSEYNEWSROOM.COM COMMENTARY . I didn’t know Junior Seau although I met him on the day he was drafted into the National Football League in 1990 and probably interviewed him after a football game a few times more. From all accounts, he was a fearsome presence on the football field; a killer who at times could control a game defensively. .
But Junior Seau didn’t live to be a ripe old age and until an autopsy is performed and a police investigation is complete, there is no need to speculate about the circumstances surrounding Seau’s death other than he was found dead of a shotgun wound on the morning of May 2, 2012 about 22 years after the San Diego Chargers football team called his name at the annual National Football League event. .
The gun wound should strike a nerve among former players. It seems that is becoming a way of life and death among NFL alum suffering from life altering injuries that probably came from years and years of absorbing hits on the football field. People do hear about former NFL players but there seems to be no tracking of high school and college players who years after their football careers ended killed themselves. . continue reading »
Big-time pollen alerts across the country! Jennifer and her daughter are recovering from severe allergies this week, so we’re going ahead and posting up the PowerPoints from some of the discussions at our Second Independent Football Veterans Conference. Sorry for the delays in getting everything posted quickly – we thank everyone for their patience and understand how many of you who couldn’t attend are anxiously awaiting the videos so you can catch up on what you missed. All our best to Jennifer and her daughter for a speedy recovery! . Without a doubt, the most requested videos and Powerpoints have certainly been for our panel on concussions and the lawsuits filed against the NFL and Riddell. Jason Luckasevic from Goldberg Persky White filed one of the first concussion lawsuits on behalf of retired football players. To date, his firm is also one of the few to include Riddell the helmet manufacturer – “Official Helmet of the NFL” – as a responsible party. Richard Lewis from Hausfeld LLP joined Jason on the panel last Saturday morning to present his firm’s decisions leading up to filing their concussion suit. . Please keep two things in mind: There are many capable and qualified attorneys representing plaintiffs in the concussion litigation. Please speak to those you choose to make sure your potential claim is evaluated promptly. The other issue discussed at the Conference was a potential statute of limitation specifically related to this round of concussion lawsuits. This means you may have to sign up with a representative firm soon before the filing period expires. More on this shortly from one of the attorneys involved in this suit. . Feel free to call Jason or Rich directly with any questions you may have regarding your own concussion concerns – each of them has agreed to make themselves available to talk to our readers: . Jason Luckasevic • Goldberg Persky White (412) 338-9460 . Richard Lewis • Hausfeld LLP (202) 540-7200 . You can view each slideshow full screen by clicking on the FullScreen icon in the lower right corner of each slide screen (press ESC to close the slideshow).
Thanks to our friend, Jennifer Thibeaux, we have a great collection of photographs from our well-attended Second Annual Independent Football Veterans Conference held April 20 – 22 2012 at The South Point Resort in Las Vegas. Videos and PowerPoints to follow shortly! .
Here’s the slideshow from flickr (there’s an enlarge button in the lower right hand corner of the slideshow screen if you want to view our slideshow fullscreen; just hit ESC to close fullscreen mode): .
First of all, we want to thank every one of our readers for their patience. We’ve been intentionally quiet in holding back until the last minute to announce more about our Second Annual Independent Football Veterans Conference coming up this weekend in Las Vegas. A lot of our readers have been checking in and many of you (friends and others) have been anxiously looking for more details on our panel discussion topics. .
As many of you already know, this year we’ve decided to use discussion panels to cover a wider range of topics that are most important to retired football players. While individual speakers have been informative, as these topics become more complex and wider-ranging, the retired player community needs even more timely and detailed information from as many expert sources as possible. We’ve done our best using this blog to convey the latest information on everything that’s important to each of you. Now we’re going to kick it up another notch or two again. Last year, we hosted our First Conference and all of the proceedings were videotaped and made available online. This year, we’re going to create a studio-like setting with panels to discuss all those topics you want to hear about and to take questions from our audience at large. Each topic will be broadcast like a television talk show and after our Conference, we’ll professionally edit them down for online viewing as well. .
Lawsuits! We have too many to keep track of this year. From the original Eller and Gault lawsuits filed against the League and the NFLPA during the lockout to all those concussion lawsuits to the lawsuits filed against the NFL and NFL Films. We’ll have several shows to address the latest information and details that so many of you want to know. Confused about all those concussion lawsuits you’ve been hearing about almost daily? Sick and tired of the ‘Join me, Join me’ groups all wanting you to sign up with them? Wondering who you should really sign with and why? We’re going to hear from the top firms leading the charge and from some of the retired players on why they chose the firms they did. And maybe why you might want to re-consider who you’ve signed with! .
Concussions! We’ll have Dr. Kristen Willeumier from the Amen Clinics to tell you all about their most recent studies on concussions as well as some of their latest findings and ways to help your improve brain. And we’ll also have the top specialists with hyperbaric oxygen therapy (HBOT) to tell you about their latest studies and their lobbying efforts to bring this life-changing therapy into the mainstream. You’ll even be able to see one of the units that many of the current players have bought for their personal use. .
And while we’re at it, we’re going to have a show on the culture of football, from college through to the professional Leagues. With the NFL still doing damage-control from Bountygate, who better to have talk about it than documentary maker Sean Pamphilon? Sean will be joined by attorneys who are currently involved with suing Electronic Arts on behalf of NCAA athletes who have never been paid for the use of their images and statistics in Electronic Arts video games in past years. Does that sound familiar? And they’re still doing it today to retired players! .
And while we’re on the topic of not getting paid for playing football, you’ll also be getting an update on the NFL Films lawsuit. The Beatles get paid every time their songs get played on the radio or for every CD sold or for a download of their songs. Authors get paid for every copy of a book they sell. You pay for your movies when you watch them on HBO. And we all pay extra to the cable and satellite companies for all those sports channels that many of us don’t even watch. So why are retired football players the only guys who don’t get paid every time the NFL and NFL Films sells a classic DVD of one of your old games? At $30 – $50 a pop, there’s plenty of money to go around – where’s it all going? .
How about all the latest on Workers’ Compensation? It looks like the NFL is now trying some nasty new tricks to cut retired players off from receiving their earned Workers’ Comp claims now as well. Hear all about your rights and what you can do about getting your case reviewed and filed in our special show about Workers Comp from some of the people with the most successful rates. .
And how about that Legacy Fund that was supposedly negotiated by a Union that was de-certified last year? And then re-certified with retired players’ new benefits mysteriously negotiated and finalized as part of the new CBA? And did you know that there were $100′s of millions more that was also supposed to have offered by the League directly to retirees? Seems it was already “redistributed” by your friendly Union. All while saying nothing about standing up for widows who will receive absolutely no increases from the Legacy Fund. Never mind that many of you haven’t even received your “new” benefits yet long after the CBA was signed, Roger Goodell got his new $10 – $20 million contract, De Smith got his bonus and a new contract and… football season is now over! And NO Legacy Checks yet! We’ll have show to discuss that as well as to answer your questions on your rights under federal law for pensions and disability benefits. We’ll even have people who heard it directly from Commissioner Goodell about that “other” benefit money the owners offered during the final negotiations. .
Like they say, “STAY TUNED!” Here’s comes IFV-TV for retired football players! Broadcasting monthly soon! . EDITOR’S NOTE: Our attendees will make up the small studio audience joined by our larger audience online. For those of you able to sign up and attend, we’ll also be hosting a movie night on Friday night with a cash bar and a sponsored dinner for each of our attendees and panelists on Saturday evening. For those of you arriving on Thursday afternoon, watch for an announcement on where our Thursday evening mixer, meet-and-greet will be held in the South Point. . . .
EDITOR’S NOTE: We just received this update from Bob Stein on the Legacy Fund Benefits. This will be one of the discussion issues at our upcoming Conference April 20 – 22 in Las Vegas. Be sure to register HERE and book your rooms and flight. . I continue to hear from retired player friends wondering about ongoing delays in Legacy Benefit payments or information from the NFL Player Retirement Plan. Last week, I finally reached an AON actuary working on the Legacy Benefit. While I can’t guarantee the absolute accuracy of the information I received, I wanted to pass it on in hopes it will be helpful. . Here’s what I was told: . 1. Though basic agreement and public announcement occurred with the CBA conclusion in August, 2011, the Plan Document, with precise terms and details, is still not complete. Amendments are being finalized and the complete Plan Document is to be finished by the March 31 end of the current Plan year. The “Summary Plan Description” is not required to be published until 7 months later, though he said they would try to have it out sooner. . So I did not get what I requested which was a copy of the basic rules governing our Legacy Benefit payments. . 2. Regarding increased monthly benefits for those electing to defer payment, I was told even if we are now over age 55, our basic benefit calculation ($124/year for seasons through 1974, $108 per year thereafter) does not increase unless we now choose to defer payments due us from August, 2011 on. Meaning there is no added benefit from being over 55. If we defer payment NOW, we will receive a “small percentage increase for each year delayed.” However, by law we must begin taking payments once we reach age 65. . To make it more confusing, I was told the percentage increases for deferring Legacy Benefit payments will be different than the percentage increase factor for deferred pension payments. He did not know if increases would be more or less than for deferred pension payments. . 3. Timing of Plan Response . I was told most responses went out before the Super Bowl, including to players electing a survivor benefit. However, some “special cases” like those involving divorces have not yet been addressed. . 4. Questions/Problems .I was told the best source for information is the Player Retirement Plan office. Their phone numbers are: (800) 638-3186 or (410) 685-5069. Or you can mail them at: NFL Player Retirement Plan, 200 Saint Paul St, Ste. 2420, Baltimore, MD 21202-2008. . Some ex-teammates have been waiting weeks or more for response from the Plan office. Apparently, all we can do is keep calling and writing. It’s been very frustrating. But I hope this information helps a little. . Bob Stein Kansas City Chiefs, LA Rams, Minnesota Vikings, San Diego Chargers 1969 – 1976 . .
If you haven’t signed up to attend our Second Annual Independent Football Veterans Conference this April 20 – 22 in Las Vegas, you may want to book your plane tickets and rooms this week while the rates are still low. Sign up for our Conference and reserve your room by clicking HERE. This year, we’ll be be using a different format to allow us to present more information and answer more questions that retired players have been asking: . What’s the latest news on the lawsuit against the NFLPA? When the NFLPA decertified just after the lockout this summer, legally and technically they had no right to represent current or retired players. Yet magically, the Legacy Fund and other benefits suddenly appeared in the weeks immediately following the ratification of the new CBA and recertification of the NFLPA. All with virtually no input or vote from the majority of retired players. We’ll have representatives from some of the law firms there to discuss what has happened so far. . Why is it that every time a song or a film gets played or sold, a musician, an actor or a composer gets paid a royalty? So why aren’t retired football players paid anything whenever they’re in a video game or on a DVD? . What are some of the more recent discoveries in concussions and traumatic brain injuries? Is there anything I can do to slow down or improve my mind and my memory? . And what about concussions? Most of us suffered from countless concussions over our careers. Our coaches and managers taught us to call them ‘zingers’ and sent us back into the game as quickly as possible. And what about the long-term effects? If the League and the owners denied most of us any disability benefits from the effects of concussions, yet in creating the 88 Plan, they finally acknowledged those long-term effects only after it’s taken its final toll from our families both financially and emotionally. . There are so many lawsuits currently fighting for every player’s attention, hear all the important issues and present your questions to the panel on concussions and equipment. We’ll be covering concussions and equipment on both days of the Conference: On Friday, our law panels will be discussing the legal aspects and what’s being done today as well as reviewing future action. On Saturday, our medical and neurological panels will be addressing topics ranging from how to detect and recognize the symptoms of a brain injury to questions such as just how effective have helmets been in protecting players from concussions? . And how about the Legacy Fund? Some of you are only finally receiving your retroactive checks while many others are still waiting for return calls from the benefits office in Baltimore. And why were the widows overlooked for the increase? . Why are more players winning their Social Security Disability and California Workers Compensation cases than those reaching favorable Disability and Pension verdicts with their own Plan? And just how legal is the Plan itself and the way it’s been managed? And just who do those people who run the Plan work for anyway? A panel of Disability and Workers Compensation attorneys will be there to discuss the latest cases and answer your questions. . If the NFL gets to pick the best of the best out of all the college football teams, then what responsibilities should they – and the universities who benefit from their lucrative football programs – bear when those players sustain life-changing injuries? For many of these college players, the football scholarship is just that: A scholarship based on their abilities as an athlete. Attorney Steve Berman’s firm has filed a lawsuit against the NCAA on behalf of college athletes and will be sitting on a panel that will prove to be very informative. . What new findings have come out of hyperbaric oxygen treatments and how will these new studies advance the general use of HBOT treatments not only for football players but also for our returning veterans and for everyone else who has ever had a concussion? Hear what some of the foremost experts in the field have to say about how much more quickly hyperbaric treatments are becoming accepted as one of the most cost-effective ways to treat concussions and brain injuries. . And The Amen Clinic will also be back to present results of three new brain studies they’ve completed over the past year. . I’m so excited about this year’s Conference that I know I’ve gone over the Top 10 Questions we all want to ask! The full list of our panelists’ biographies will be posting up this week. Stay tuned! . So be sure to sign up for our Conference and reserve your room by clicking HERE! .
Second Annual Independent Football Veterans Conference
At last, we’re finally ready to announce our Second Annual Independent Football Veterans Conference! A lot of you have been calling and writing about our Conference and we thank everyone for their patience. . We’ll be meeting once again in Las Vegas at the South Point Resort & Casino April 20 – 22, 2012.This year, we’ll be using a panel-style approach to cover a wide range of important topics ranging from the most recent information on lawsuits, your benefits, as well as more of the latest information on brain health and concussions. Other hot topics open for discussion will include The Legacy Fund, widows’ benefits (or the lack thereof), severance pay, Workers Compensation and Retirees’ Rights among other hot topics! We also have some social events planned for Friday and Saturday evening that will allow our attendees to catch up on their playing days with their teammates. We already have a dinner sponsored for our attendees scheduled for Saturday evening. continue reading »
With so many lawsuits being filed right now, we’ve been flooded with a lot of inquiries and questions on who to join and how to contact the various firms and groups. While Dave has taken a plaintiff position with Goldberg Persky & White in the concussion and helmet lawsuit and with Hausfeld LLP in the retired players benefits and representation lawsuit against the League and the NFLPA, each of you should make a conscientious decision to sign up with the firm that you feel represents your interests in the best way possible. While we’ve never dispensed any legal advice here, we’d like to post a list of common sense questions that you may want to ask any law firm you’re considering. .
And at the end of this post, we’re also attaching a copy of a letter that John Beasley sent to the Benefits Office that got some results. . continue reading »
We have recently read the expose of George Martin and the NFL Alumni Association written by A. J. Perez and Alex Marvez for FOX Sports. We have also read the accounts of the Alumni’s press conference from the Super Bowl; and of their Board of Directors’ support for George Martin. .
I am not a former player and often wonder why and how I got involved in their issues. However, getting to know – and work with – many retired players over the past few years has been a personal and professional highlight of my life and career. I am proud to call many retired players my friends and most of them are a tremendous source of inspiration for me. .
That said, I have thought that I have had something worthwhile to contribute to the cause of retired players and their families – specifically my expertise in disability law. And it is with those thoughts in mind that I became actively involved in helping the NFL Alumni transition from Caring for Kids to a role as the primary advocate for the needs of retired players, their families and their widows. .
You will recall that several years ago, NFL Commissioner Roger Goodell visited several cities to meet with RETIRED PLAYERS ONLY to try to learn what was on their minds. Many of you will recall that Dr. Eleanor Perfetto was not allowed to attend a meeting on behalf of her husband, Ralph Wenzel, who suffers from dementia. You may also recall that I was allowed into the meeting in Dallas – but not allowed to speak. I was very skeptical about what Commissioner Goodell and the NFL were up to. .
Not long after, I got a call from Bruce Laird, President of Fourth and Goal – one of the first retired player advocacy organizations who were raising money on behalf of – and advocating for – retired players. He told me that Goodell had called him and asked if Fourth and Goal would work with the NFL Alumni to refocus their efforts towards retired players and become one unified and representative advocacy organization. As we envisioned it, we would have one truly representative group that would speak on behalf of retired players’ issues – from intellectual property rights to significant pension improvements and much needed disability reform – with both the League and the Union. .
It was a tremendous effort on the part of many men to establish the new Alumni Association and hire George Martin as their executive director. Many of us involved in the effort took a lot of heat from all sides. The PA would not have anything to do with this, as they felt (as many others did) that this was a ploy by the NFL to curry favor with retired players as the League and Union moved towards the new CBA. While the men of the PA had little regard for what I had to say about needed disability reforms (which would only have served to help their members), I continued on, hoping that I would have the opportunity to discuss cases, problems, ideas and solutions with the League or various owners. I pressed on, hoping that Bruce Laird, Jeff Nixon and others well-versed in the pension plan, the CBA and all issues facing retired players, would also have the chance to meet face-to-face with the CBA decision makers. .
It never happened. .
Fast forward to where we are today – a CBA that did not come close to adequately addressing the needs of retired players. As all of you know, those failings are the subject of a lawsuit pending in Minnesota against the Union. While the League and Union think they have a 10-year period of “labor peace” to look forward to, they will clearly be kept busy by retired players who continue to feel left out, bruised and abused – in light of what they did to make the game what it is today and in light of the almost unimaginable amount of money the NFL is now generating. .
The Legacy Fund (anyone get their checks yet?) is but a drop in the bucket of what was needed. The League and Union are now scrambling to decide what to do about the disaster of leaving widows out of the picture. .
Which brings me back to the Alumni Association. What have they done for retired players and their families? Were they a significant role-player in the CBA as we had hoped? Are retired players happy with what they are doing? Has the membership grown or decreased since George Martin was hired? (We hear from a former employee that membership was down significantly but we really don’t know.) I do know that there are a number of NFL cities where there is no longer an Alumni chapter – including here in Atlanta – where there are between 700 and 800 retired players. .
The Alumni has had three major programs – all highly touted: the Satcher Leadership Institute of Morehouse School of Medicine and their mental health awareness program; their partnership with the Gay Culverhouse Player Outreach Program; and the Long-Term Care Insurance program. All of them great, helpful programs. But they weren’t really the Alumni’s – they were the League’s and the Alumni’s role in them appears to be little more than lip-service. .
I am sure that Commissioner Goodell and the League expected the Alumni to be self-sustaining by now. At least when we started down this path, that is what those of us at Fourth and Goal had expected. To the best of my knowledge, they are not. They have been the beneficiary of millions of dollars in “interest-free loans” from the League. .
The point of this letter is that at this point in time, I don’t think it really matters what I think of the Alumni or George Martin’s leadership. I don’t think it really matters what the majority of retired players think about them. And although the Board of Directors is supposed to be in charge, I don’t think it really matters what they think, or how much confidence they have in George Martin and the Alumni’s direction. .
The only one who really matters is Roger Goodell. Is he willing to continue to invest multiple millions of dollars to try to prop them up on their feet – or is it time to close the checkbook and see if they can stand on their own feet? . John Hogan
Disability Attorney
Retired Player Advocate . . .
To all retired players: . On Wednesday, February 15, 2012 at 1:30 p.m. your case will be argued against the NFLPA in front of Judge Susan Nelson in St. Paul, Minnesota. The NFLPA filed a Motion to Dismiss and this hearing will be to determine if your case is dismissed. . If you will recall, in September and October of 2011, 47 former NFL players, including 27 Hall of Famers (26 of whom who are listed in the NFL’s official encyclopedia as 300 of the greatest players in NFL history), representing every decade in pro football since the 1940′s, filed a class action lawsuit against the NFLPA. The class representatives represent virtually every position in football, and every category of NFL player – including vested, non-vested, Hall of Famers, forgotten players, and legends of the game. The lawsuit was filed on behalf of all former NFL players and seeks to increase the retirement benefits of all players – vested and non-vested . The NFLPA is asking that your case be dismissed against them. We will argue that your case deserves to be heard by a jury. . It would be great if the Judge could see a courtroom of retired players who are all in support of having your case get heard by a jury. So if you are available to make it to Minnesota to attend the hearing, I ask that you mark it on your schedule and come show your support for your case. It is particularly important that you attend if you live locally. . The address is below. Please let me know if you plan to attend. Thanks. . Best regards, Shawn D. Stuckey, Esq. (former NFL player – New England Patriots, Minnesota Vikings, Tampa Bay Buccaneers) Wednesday, February 15, 2012 at 1:30 p.m. Courtroom 7B United States District Court 774 Federal Building 316 North Robert Street St. Paul, MN 55106 . (Eller/Bednarik et. al, v. NFLPA and Gault/McElhenney et. al, v. NFLPA) Case No. 11-CV-2623 SRN/JJG (D. Minn.) .
This is a copy of a handout given out by the NFLPA to show their great work to Certified Contract Advisors at the annual Sports Lawyers Association conference recently held in San Diego CA.
May 8, 2012
Someone once said not long ago that George Martin’s ascension to the Executive Directorship of the NFL Alumni was the perfect example of the American Dream. In reality, honesty and integrity will always get you where you need to go in following the real American Dream. The old adage, “The people you pass on the way up the ladder will be the same people you run into on the way down” should hold true here.
I continue to hear from retired player friends wondering about ongoing delays in Legacy Benefit payments or information from the NFL Player Retirement Plan. Last week, I finally reached an AON actuary working on the Legacy Benefit. While I can’t guarantee the absolute accuracy of the information I received, I wanted to pass it on in hopes it will be helpful.
With so many lawsuits being filed right now, we’ve been flooded with a lot of inquiries and questions on who to join and how to contact the various firms and groups. While Dave has taken a plaintiff position with Goldberg Persky & White in the concussion and helmet lawsuit and with Hausfeld LLP in the retired players benefits and representation lawsuit against the League and the NFLPA, each of you should make a conscientious decision to sign up with the firm that you feel represents your interests in the best way possible. While we’ve never dispensed any legal advice here, we’d like to post a list of common sense questions that you may want to ask any law firm you’re considering.
We have recently read the expose of George Martin and the NFL Alumni Association written by A. J. Perez and Alex Marvez for FOX Sports. We have also read the accounts of the Alumni’s press conference from the Super Bowl; and of their Board of Directors’ support for George Martin.
John Hogan
To all retired players: