Over the past 24 hours, we’ve certainly had a lot of discussions around the old adage “Not seeing the forest for the trees.” In the old way of controlling their spin on all stories about football, the NFL managed to keep all of the television networks and most of the major print media on very short leashes because of their broadcast rights and access to players and managers for interviews. And then the Internet came along. Despite claims of a few who proudly proclaim they invented the Internet and Facebook, this new medium has not only moved the retired football players battle to a new and level playing field; it’s in a different league altogether. Just as the past two weeks have completely caught Tiger Woods and his team of old-school PR flacks like deer in the headlights, the NFLPA and the NFL and their old media machines have been hard-pressed to catch up with a new medium that they can no longer control. The Internet doesn’t belong to anyone and it belongs to everyone.
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As so many of you already know, Bernie Parrish was the original plaintiff in the NFLPA/Players Inc. lawsuit – always was and always will be. And we’ll continue to refer to that case as Parrish vs. Players Inc. I guess some people feel that if you keep trying to spin it another way often enough, people will forget – just like the NFL and the NFLPA. But we did notice that even as contentious as it got throughout the trial, both Jeffrey Kessler and Richard Berthelsen were generally professional and respectful enough to refer to the case as Parrish vs. NFLPA/Players Inc. in their filings. But things deteriorated rapidly between Bernie and his hired attorney, Ron Katz. As a result, you will notice the filings that came out of Katz’s office after a certain point were generally filed as Herbert Adderley vs. NFLPA/Players Inc. Some people have been fed a hook, line and sinker to diminish Bernie Parrish and his years of independent work for all retired players.
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On a quick side note for those of you who were on that final GLA Settlement list, we’re going to emphasize here once again: Watch your mail for the paperwork from Garden City Group over the next week. Some of the guys have already reported receiving their information already. If you don’t receive it by the end of December, be sure to call them at (866) 697-5552 and leave them a message. The folks at Garden City Group will get back to you quickly. It’s possible they might have an old or wrong address for you. Then be sure to send the completed form back to them as quickly as you can (it has to be postmarked no later than Feb. 9, 2009 to qualify). Then put it in an envelope and mail it to this address (by USPS Certified Mail with confirmation so you know they got it):
… Thank you for attending the meeting in Washington to hear from Commissioner Roger Goodell and NFLPA Executive Director DeMaurice Smith about recent steps to address the needs of former players and for sharing your views on those efforts. In particular, we appreciate your suggestions on ways to better make retired players aware of resources and benefits available to them and their teammates. The view of everyone present that most retired players do not know about assistance programs was supported by the survey we reviewed.
You asked me specifically to tell you what the University of Michigan survey does for retired players. The short answer is it provides factual information, obtained directly from former players, about their current and past health, economic and social conditions. This is valuable because it allows all of us working to improve the lives of retired players to focus on finding real solutions to true problems, rather than acting on the basis of rumor, conjecture and popular myths. Before long that report will be publicly available online so everyone interested can read it. A few of the highlights which are important to retired players are:continue reading »
Over the past couple of weeks, there’s been a lot of media coverage on the effects of brain injuries and concussions in football. We’ve seen two articles from Alan Schwarz of The New York Times, as well as stories from The Washington Post and The New York Daily News:
For the first time, the NFL and the NFLPA extended an invitation to “The Independent Retired Players” to attend and participate in a meeting called to discuss the problems that continue to plague Retirees. Bob Grant, an Independent Activist and Advocate for our cause, was asked to attend on behalf of the Retired Players.
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While much was left unaddressed at the end of this first meeting, many issues were brought into the discussion that were not a part of the original limited agenda announced by Harold Henderson (NFL Attorney), who chaired the meeting.
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Grant told the Attendees at the Meeting that the days of the NFL and the NFLPA with their “Insiders” making decisions for Retired Players without our direct participation have to end.
You may recall that NFL Commissioner Roger Goodell was asked if he was the chair of the Retirement Board (clickHEREto read that earlier post). The answer is that under the terms of the Bell/Rozelle NFL Retirement Plan, he serves as a non-voting, ex-officio chair. However, at the Baltimore Sports Symposium, Sarah Gaunt informed us that Harold Henderson – NFL attorney – is the chair. (Read about Henderson’s antics in a previous postHERE.) With that, we’ll close for the weekend with some fun from an old classic from Abbott and Costello: Who’s on First?
And here’s the actual page right out of the Bell/Rozelle Plan document (along with the front cover which includes another interesting tidbit) that we received from our good friend, Larry Lamade over at Akin Gump a while back (click to enlarge for easier reading):
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:
The jury in the retired players’ class action lawsuit found that the NFLPA and Players, Inc. violated their duty of loyalty and care to the retired players with regard to licensing and marketing their GLAs. Judge Alsup repeatedly reminded the attorneys out of the presence of the jury, that the class action did not involve other areas of contention between the parties such as disability and pension benefits. Have the NFLPA and the NFL violated similar fiduciary duties to retired players seeking benefits under the Bell/Rozelle Retirement Plan?
Section 8.8 of the Plan provides “The Retirement Board and the Disability Initial Claims Committee will discharge their duties with respect to the Plan and Trust solely and exclusively in the interest of the Players and their beneficiaries, and with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matter would use in the conduct of an enterprise of like character and with like aims. …” While the late Gene Upshaw and the NFLPA have taken most of the heat for the failings of the disability system under the Plan, it should be noted that the Bell/Rozelle Retirement Plan is a joint venture with the NFL Management Council, and the ex-officio Chair of the Retirement Board is the NFL Commissioner. (Plan section 8.1 (c)) Furthermore, it appears that it may well be the NFL Management Council-appointed members of the DICC and Retirement Board who routinely vote to deny claims, often without any substantive justification. Last year Congress heard many stories of players’ claims which were denied even after several favorable opinions from the Plan’s own neutral physicians. If this is in fact the case, it would seem apparent that those deciding disability claims are violating their duty of loyalty and care – not to the NFL – but to the Players and their beneficiaries.
Furthermore, their fiduciary responsibilities charge them with the duty of skill, care and prudence to act like others operating a similar enterprise (i.e. – adjudicating disability claims). Here there is a significant failing, as the Plan asks examining physicians to determine whether players meet their definition of disability, which in a nutshell, is whether “…he is substantially prevented from or substantially unable to engage in any occupation or employment for remuneration or profit…” (Plan section 5.2). I have been specializing in disability law for well over 25 years, handling claims in many forums, including Social Security, the VA, the Railroad Retirement Board and with most major insurance carriers. In each of those forums, a physician cannot make the determination of whether someone can work. Rather, they set forth the physical and mental restrictions which a claimant possesses, and then a qualified vocational specialist considers such factors as age, education, work experience, past earnings, etc,. (depending upon the specific requirements) to determine whether a person with the claimant’s medical limitations is in fact capable of working. The vocational factors of whether a retired player meets the Plan’s definition of disability are completely missing from their disability determinations and thus, the Plan is failing in their fiduciary duty to act with the skill, care, prudence and diligence they are required to exercise.
As most of you now know, Bernie Parrish played a key role in the successful players’ litigation against the NFLPA and Players Inc. in San Francisco. Around the same time, NFL Commissioner Roger Goodell announced what appeared to be a groundbreaking tour to NFL host cities to hear about what the retired players truly want to see happen for them. Unfortunately, as we soon discovered, it’s been nothing more than a transparent PR scam to generate the illusion that they’re actually doing something. While Goodell shows up dragging along his personal entourage that includes the like of Harold Henderson (general counsel) and the NFL PR flaks, the players themselves are told that they can’t bring anyone to the meetings. No counsel, no doctors, not even caregivers or spouses. So disability experts like John Hogan were not even allowed to attend that first meeting in Dallas (he was uninvited by the likes of Harold Henderson AFTER he was invited and flew there at his own expense). (Click HERE and HERE and HERE to read about that first meeting and the fallout after.) And it goes on. The second meeting in Chicago was even worse; it was announced with short notice, few retired players showed up and their stories were all the same. And oh yes – no one was allowed into the “meeting” except retired players.
Now there’s another meeting scheduled for Baltimore on December 11th at 6:30 at the Doubletree Hotel. And yep – absolutely no one allowed to attend except retired players. So if you’re a retired player – dead or alive – you’re invited to show up and speak your mind!
Bernie’s been circulating a list of REAL issues that everyone would like to see the Commissioner address. We’re posting Bernie’s points ahead of the meeting in the hopes that some of the retired players might have time to print them out and take them along to that meeting. And the next one. And the next one after that…
Subject: What retired players want.
Guys: I sent this to you a couple months or ago and I sent it to many congressional staffers, Representatives, and Senators. I am about to send it again so if you have anything to add or change let me know. If I haven’t expressed our thoughts in a way you agree with let me or the Congressional staff members know.
Mary-ann Fleming
Manager, Player Benefits
National Football League
280 Park Avenue
New York, New York 10017
November 12, 2008
Dear Mrs. Fleming:
Thank you for meeting with our Buffalo Bills Retired Player’s Chapter on November 12, 2008 and discussing player benefits with our group.
In the meeting you stated that the owners Management Council actively participates in negotiating the pension benefits for retired players through the collective bargaining process. I told you that it was my understanding that the owners are not involved in any significant way when it comes to negotiating retired player benefits and that it is the active players that make the critical decision regarding the amount of money that goes to improving retired player pensions. Apparently there is some disagreement and confusion about this issue that also arose during Commissioner Goodell’s meeting with retired players in Chicago on November 8, 2008.
Many of you older players probably remember Johnny Carson as Karnak the Magnificent, supreme prognosticator of the airwaves. Karnak could simply hold an envelope up to his turban and read its contents and predict the future with incredible accuracy much to the amusement of his audience. Well, we’re going to try and pull a Karnak here after reading a recent e-mail announcement from the NFL. First, here’s the e-mail (our emphasis in RED):
To: Former NFL Players
You are invited to meet with Commissioner Roger Goodell to discuss benefits and other topics of interest to former players. The session is for former players only; representatives, media, family members, club employees and others are NOT invited. He wants to hear from you. The meeting is on Saturday, November 8, 2008 at 2:00 PM, at the Bears’ facility, Halas Hall, 1000 Football Drive, Lake Forest. Please share this information with other former players in the area.
And here are the Great Karnak’s predictions for how the meeting will likely unfold:
Some players will get up and thank Commissioner Goodell for his presence in Chicago (or insert any of the other cities he may be visiting in the future);
A majority of the players who speak will tell the Commissioner how badly their system treats them and how little (if anything) they actually get in benefits;
Perhaps a few younger players may get up and praise the Commissioner on how well they’ve been compensated and treated;
Harold Henderson will also be looming at the front table with Commissioner Goodell;
Little or nothing will be said by those at the Commissioner’s table about current problems or solutions to those problems;
They might even bring a photographer along to capture some nice photo ops;
or so you would have thought, judging from the cold reception attorney John Hogan received when he showed up at Commissioner Roger Goodell’s “open” forum to hear about retired players’ complaints. John was there at the invitation of John Wooten of the NFL Players Alliance. After canceling appointments and juggling court appearances so that he could make the meeting (all at his OWN expense), John arrived at the meeting and was first stopped from entering the room. After a brief delay, John was finally allowed to take a seat in the meeting room. But in no uncertain terms, he was then told that he wasn’t allowed to speak at all because the floor was only open to players! So John sat through the entire meeting and took copious notes – over ten pages of ‘em!
As hopeful as we may have been for the Commissioner’s original gesture, first impressions are that it looks to be nothing more than a snow job. Another whitewash PR stunt on the part of the NFL. So it was definitely a very, very cold night in Dallas. Unless we see or hear otherwise, it looks like the Commissioner now has even more explaining to do. We had been doing our best to be positive and optimistic that this gesture could have turned out to be a very positive first step in bringing some welcome changes.
One of the highlights? Goodell was asked if he was a member of the Retirement Board (he’s actually the Chairman!), to which he responded something like, “Um, I guess so.” (See John Hogan’s notes in the comments below.)
Quite frankly, we’re surprised at John’s poor treatment; here was someone who has both the experience and expertise to provide the support that everyone needs with regard to disability issues. We can only hope that Goodell doesn’t have an “I know the law!” attitude like some other people we knew. It’s been obvious that no one within the organization seems to know much about the real issues.
We just received word that NFL Commissioner Roger Goodell will be making the first stop of his planned 32-city tour in Dallas. The Dallas NFL Alumni announced that the Commish will be on Wednesday, October 8th at the Cooper Guest Lodge Hotel, Spa & Conference Center at 6:00 pm. For directions to the Cooper Guest Lodge Hotel, clickHERE.
While we understand that the Commissioner’s entire 32-city schedule has probably not been finalized yet, we hope that when your city gets added to the tour, you can drop us an e-mail or comment so we can keep everyone informed. We all want these meetings to be well-attended.
We’ve just received word that NFL Commissioner Roger Goodell is planning to announce a 32-city road trip to meet up with retired players to listen to their voices and opinions in their own backyards. If this is truly the case, we extend our sincerest praise to the Commissioner for his leadership and wisdom in making such a bold move.
In preparation for his tour, we’d like to suggest that everyone write in with their ideas and comments on improving the NFL and the NFLPA to make this the true American sport for the 21st Century. As so many of the retired and disabled players have been unable to afford the expense or endure the logistics of travel, this is a major shift from the way things were done in the past. So hopefully, everyone will not only seize upon the opportunity for their voices to be heard but also maintain a level of decency and fairness to each other so that ALL voices will truly be heard for once.
Our good friend, disability attorney John Hogan, has graciously offered to help prepare some talking points for the retired players to assist in pointing out and clarifying many of the issues that need to be discussed. John has already personally encountered many of these issues while working with many of the players he’s represented in recent years. John’s many years of experience with disability law, the NFLPA’s disability programs and Social Security issues will certainly help to keep many of the issues on the right track from legal standpoint.
To prepare for this, we’ve just added a new e-mail address to this blog for retired players to send in their questions, comments and suggestions. We hope that everyone will either send in their two-bits worth either through e-mail or by comments on this blog. If you wish to remain anonymous, simply say so in your comment or e-mail and we’ll leave your name off any published comments. And if the question is something that John can answer, he’ll either reply in an e-mail or we’ll post it on the blog. And John will have a series of comments he can take with him at some of the meetings.
Send your questions to: AskTheCommish@davepear.com
Well, the statement for my August T&P Disability Benefit arrived in the mail today and it’s business as usual. The Benefits fund has deposited another $2,980.60 directly into my bank account and it’s another $352.73 short of the $3,333.33 that they’re supposed to be paying me (based on $40,000 ÷ 12 = $3,333.33). And there’s still absolutely no explanation on their monthly statement that tells me how they arrived at their payment or where the $352.73 went to!
Here’s a copy of that statement (you can click on the image to enlarge it):
And there is absolutely NO doubt that they know I have no federal or state withholding as it’s clearly stated at the bottom of the statement.
And still no explanation or answers back from Paul Scott, the Benefits office, Commissioner Goodell or even our friends over at Akin Gump and The Groom Law Group.
After posting a request for Simple Answers to Simple Questions (click HERE to read that post) on July 22nd and 6 requests directly to Commissioner Goodell, I finally received this e-mail response yesterday from Larry Lamade at Akin Gump:
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David,
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You have posted below a letter dated June 25, 2008 from your attorney John Hogan to Mr. Paul Scott of the Bert Bell/Pete Rozelle Plan Office. Mr. Hogan requested, on your behalf, an explanation of the calculations of your benefit. I took it upon myself to call Paul Scott and ask where they were in the process of responding to Mr. Hogan’s request. He told me that you had been asked to verify in writing that Mr. Hogan was representing you which you recently did. Now that they have received this verification, they informed me that they are working on a response to your request.
Over the past 24 hours, we’ve certainly had a lot of discussions around the old adage “Not seeing the forest for the trees.” In the old way of controlling their spin on all stories about football, the NFL managed to keep all of the television networks and most of the major print media on very short leashes because of their broadcast rights and access to players and managers for interviews. And then the Internet came along. Despite claims of a few who proudly proclaim they invented the Internet and Facebook, this new medium has not only moved the retired football players battle to a new and level playing field; it’s in a different league altogether. Just as the past two weeks have completely caught Tiger Woods and his team of old-school PR flacks like deer in the headlights, the NFLPA and the NFL and their old media machines have been hard-pressed to catch up with a new medium that they can no longer control. The Internet doesn’t belong to anyone and it belongs to everyone.
For the first time, the NFL and the NFLPA extended an invitation to “The Independent Retired Players” to attend and participate in a meeting called to discuss the problems that continue to plague Retirees. Bob Grant, an Independent Activist and Advocate for our cause, was asked to attend on behalf of the Retired Players.
