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This weekend, I received an insightful e-mail back from our SS Disability attorney friend, John Hogan, with his observations about the proposed Alliance Plan from Commissioner Goodell. I told him I’d try calling Sarah Gaunt again on Monday morning.

So this morning, I called the Union office again to ask about this new plan and the call was picked up by a ‘CJ’ who apparently runs the front desk (or screens our calls). I told her who I was and asked to speak with Sarah regarding some questions I had. I was put on hold for about 5 minutes. When she finally came back on the line, she told me that Sarah was “busy” (again) and couldn’t take my call. So I asked her if I could pose the questions to her instead, to which she told me that she was “busy with other calls.” To which I asked her what the difference was with MY call and any other calls she might have. She again put me on hold and then hung up on me a couple of minutes later without coming back on the line.

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I sent this to Mr. Lawrence Lamade at the law firm of Akin Gump, who has represented the League for over 30 years and was directed by the Commissioner’s office to assist me in providing information from my union (the NFLPA) because I have been unsuccessful in obtaining my benefits. To date, Mr. Lamade has also been unsuccessful in obtaining this information for me. If you look over the attached documents, you’ll see that in 1981 and in 1984, my injuries were well-documented by reputable doctors and clinics (my surgeon was no less than the Dean of Neurosurgery at the Stanford Medical Center) and clearly football-related. Additionally, the Social Security Administration has already recognized and acknowledged my work-related injury with their documentation and I’ve been receiving Social Security Disability since July 2004. Although the NFLPA disqualified me for disability in the 80′s, when I finally submitted my application to Social Security in 2003, they completed their review quickly and with certainty that my injuries were work-related and therefore qualified for SS disability. And the letter from the NFL’s own neutral doctor in 1995 acknowledged the extent of my deteriorating condition and permanent disability as a substantial disablement, as well as the limitations to my mobility and activities.

Two questions come to mind: 1) Was the NFL & the NFLPA clearly incorrect in their arbitrary decisions to deny my claims in 1983 and 1995 and 2) Should my compensation be retroactive if decided in my favor now that I’m re-presenting my documentation with an irrefutable ruling from the Social Security Administration (and the Court of Public Opinion)?

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Dave Pear

COMMISSIONER GOODELL’S ALLIANCE 2/29/2008:

Disability denials from the NFLPA will be reconsidered (not immediately granted as promised by Doug Ell to the Senate in June 2007) for retired players found disabled by social security disability.

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John Hogan – an Attorney who specializes in Disability for over 25 years – asks: What is a promise? continue reading »

Hollywood Speaks Up

3 March 2008

We got this terrific commentary from another NFL great – none other than Thomas ‘Hollywood’ Henderson. His letter speaks for itself:

Hollywood Henderson

An Open Message from Hollywood Henderson to Roger Goodell and Gene Upshaw on the Bert Bell/Pete Rozelle Plan

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Last Friday, February 29th, I made another attempt to get some clarity and answers to a few questions regarding my NFL Retirement Plan. I’ve been careful to document and note each of my calls and faxes so you’ll see my notations on the copy of my original request letter to the Retirement Board. I sent the details over to my friends at Gridiron Greats with a cover e-mail:

Dear Gridiron Greats,

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Dear Retired Players (and Current Players):

I have been trying to obtain a complete set of original plan documents for over 4 months and I have not been successful. So far (The Groom Law Group) and (Akin Gump Strauss Hauer & Feld) have sent me the following plan documents (see attachment). The problem is they are different and none are the originals as I have requested. In fact, (The Groom Law Group) sent 2 different 1976 plans and (Akin Gump Strauss Hauer & Feld) sent 1 1976 plan but all 3 are different!

Many of you have asked what can I do to help?

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My e-mail back to a touching letter from Sandra Unitas, widow of NFL Great, Johnny Unitas.

Dear Sandra,

Thank you for your inspiring letter. You have my promise that Heidi and I will continue to fight the good fight.

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Old Fans Send Encouragement

25 February 2008

I’m getting more and more e-mails like this from old fans near and far. Thanks to each and every one of you for your good thoughts to Heidi and me!

Sir,

Thank you for including me in this e-mail. If the average fan could see how the league treats its former players there would be a backlash, thelikes that they have never seen.

This is an outrage that you have to fight for what any reasonable person can observe is your legal compensation for your service in the NFL. If there is anything I can do to assist you in this endeavor, please let me know. I live in Northern Virginia so if you needed my assistance, for whatever reason with Akin Gump Strauss Hauer & Feld, just ask.

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Here’s the full 1 hour and 14 minute video from September 2007 with Mike Ditka. From the posting itself:

“Twelve ex-National Football League (NFL) players participated in a press conference, on September 18, 2007, at the 101 Lounge, near Capitol Hill, in Washington, D.C. The session was sponsored by the “Gridiron Greats.” The players, led by the legendary Mike Ditka, ex-Chicago Bears’ tight end and coach, are outraged over what they perceive as the gross inadequacy, the unfair maintenance and the mean-spirited manner in which the retirement, health insurance, and disability plan/system, established by the NFL, supposedly, on their behalf, is set up and administered. Heard and seen on the video, but not necessarily in the order of their appearance, besides coach Ditka, are: Delvin Williams, Dwight Harrison, Dave Pear, Conrad Dobler, Gale Sayers, Eugene “Mercury” Morris, Daryl “Moose” Johnston, Mike Pyle, Sam Huff, Brent Boyd and Walter Beach.”

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You know, after reading and re-reading Michael Leahy’s piece from the Washington Post, I started to focus in on another one of Gene Upshaw’s gems from the article:

Gene Upshaw Lies Again

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10th Request; Gene Upshaw; (Bert Bell/Pete Rozelle NFL Player Retirement Plan)

Feb 15, 2008

Dear Gene,

Please open (attached) and scroll down to the last paragraph. I will quote the wording, ” If you would like to review the official Retirement Plan document, please contact the Plan Administrative office at the above address.” When I follow these instructions I am told, “Contact The Groom Law Group”.

Question? Is The Groom Law Group now the Plan Administrator?

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7th Request: Gene Upshaw, “I have never turned my back on a retired player.” Please contact me.

Feb. 12, 2008

Dear Gene,

Would you kindly contact me so we can discuss the following:
1) Wash Post magazine article on Super Bowl Sunday 2/3/08 (The Pain Game)
2) Mishandling of my 1983 line of duty disability; (LOD)
3) Mishandling of my 1995 total and permanent disability; (T&P)
4) Early Retirement or Early Payment Benefit

When you call, please have a copy of the Bert Bell Plan document
so we can discuss the following:

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Dave spent countless hours trying to contact people within the NFL and the NFLPA about its disability and benefits programs. Up to this point, he’s received no clear answers from anyone, especially from those who are supposed to be in charge and who should know. Even worse, Gene Upshaw has taken it upon himself to take personal swipes at the very players he’s supposed to help, including re-interpreting the law on disability benefits. You’d think that with all those high-priced attorneys, someone would be able to straighten him out on Federal laws as well as provide the players with a current (old past) copies of the Plan. We’ll post a copy of Upshaw’s re-interpretation of Federal Labor Laws in a separate post to follow.

Here’s a post of Dave’s unanswered requests to Gene Upshaw to date:

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