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): .
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March 4, 2012 .
De, .
On January 6, 2012, I met with Congresswoman Linda Sanchez at her southern California office with Mr. Mike Greenhaulgh, part owner/operator of the Sacramento Hyperbaric Oxygen Treatment center where I have been receiving treatments for the last two years, and Dr. William Duncan, President of the Hyperbaric Medical Association and Capital lobbyist. My 49ers teammate, Dan Bunz, and I also met with Senator Ted Gaines on December 27 and February 22, 2012. All the meetings were to address the legality of the NFL’s lack of benefits for its injured employees. Both Congresswoman Sanchez and Senator Gaines are looking into additional Congressional hearings on this matter. .
We are trying to gather solid information to ascertain the status of former employees/players of the NFL. For many years, we have been inundated with mixed information regarding the percentage of former employees/players who actually qualify for NFL retirement benefits, the percentage of former employee/players forced to draw SSI and life expectancy of former employee/players. With you being the President of the NFL Players Association, in charge of securing and overseeing the player’s/employee’s benefits, I am requesting data on the following:
What is the average life expectancy of a former NFL employee/player? Many years ago a letter was issued from the NFL encouraging players to take their retirement benefits early as most would not live to retirement age. This was followed up with a recent survey letters asking if we were still alive. I had been told for years that the average life expectancy of a former NFL employee/player was his late 50’s.
What percentage of all pre-93 employees/players who played in the NFL actually played long enough to reach the 4-year vesting threshold? From what I am reading now, the average NFL career is only 3.2 years. The numbers I was given when I played in 1980 and 1981 was 2-½ years. Surely the NFLPA maintains a roster of all players who were on active rosters at one time or another.
What percentage of employee/players have successfully been approved for SSI? After my 3rd evaluation at Dr. Amen’s clinic January, 2012, I was given a referral to file for SSI as Dr. Amen had me rated at 100% disabled due to frontal lobe dementia and damage to my temporal lobes of my brain.
If a player qualifies for SSI disability, how can he be denied NFL disability? How can the NFL’s disability requirements be higher than those of the general public?
What percentage of employee/players have successfully been approved for Medicare?
How many of Tom Condon’s clients were approved for NFL benefits as opposed to the general number of players who were approved (or declined)?
When did NFL employee/players begin filing for Workers Compensation?
What percentage of NFL employee/players have been approved for Workers Compensation?
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.) .
Football damaged my brain and it didn’t have to happen
GEORGE VISGER, a former 49er, tells his story . Due to the size and speed of today’s football players, the kinetic energy they generate during hits can have long-term consequences. Here’s my story: .
My football career began at age 11 in 1970 when I suited up for the West Stockton Bear Cubs, the first Pee Wee Pop Warner team fielded in Stockton, Calif. Of the 29 kids on the team, three went on to sign NFL contracts in 1980 (myself — sixth round, New York Jets; Jack Cosgrove — eighth round, Seattle Seahawks; Pat Bowe — free agent, Green Bay Packers). .
During my third year of Pop Warner, I was hospitalized when I knocked myself unconscious during a tackling drill. The exercise was a needless bull-in-the-ring drill that was more of a gladiator competition for the coaches’ amusement than a means of teaching useful techniques to young players. .
The coaches had us form a big circle about 25 yards across and numbered the 40 of us 1 to 20 on each side. When your number was called, you and the player on the other side with the same number sprinted directly at each other and hit head-to-head. .
Concussions followed throughout my high school career, though I never missed a game or practice. In my senior year, we went 11-0 and ranked No. 3 in California. I was selected to the All-America Top 100 Team. .
I entered the University of Colorado on a football scholarship in 1976 as a 6-foot, 5-inch 235-pound defensive tackle, majoring in biology. I was a starter for three years and suffered a number of minor concussions, but I never missed a play except after leg injuries. .
We’re sorry but we just couldn’t help it. Comparing recent news involving two big-name coaches like John Madden and Joe Paterno Last week, John Madden came forward like the great leader he is and declared that they would now be taking players out of the game when they get concussed. In the Electronic Arts video game that bears his name. Nice. Is that much different than the Wall of Silence that we’ve seen from coach Joe Paterno surrounding the juggernaut of charges still mounting against his BFF Jerry Sandusky that include child sex abuse and rape? Even in the face of overwhelming evidence, both of them continue to believe in the sanctity of football to protect those at the top from any accountability. It’s this arrogant air that finds the rest of us scratching our heads wondering what planet these people are living on. .continue reading »
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: . 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? .continue reading »
Over the past couple of weeks, absolutely nothing of any serious significance or substance out of the NFLPA regarding retired players pensions especially that new Legacy Fund, other than a lot of the same chest-thumping and empty rhetoric that everyone has been hearing since the lockout ended late this summer. It would certainly seem like the lawyers have taken over once again and put out that Say Nothing Memo. . There was a meeting of the Seattle Chapter (probably much like other chapter meetings across the country) where the usual 8 members – out of approximately 48 NFLPA members listed in the Seattle area – showed up and voted on a few things that we’re sure will make a huge difference to all retirees: The meeting introduced some Business Opportunities (Hair Products!), the Touchdowns for Homes Programs, as well as some discussion on the School of Legends program. We also finally have some backhanded acknowledgment from the NFLPA HQ about loss of hearing from football (a shiny new discount hearing aid program!). . continue reading »
Both the NFLPA and George Martin’s NFL Alumni have been trying to take credit for everything being offered to retired players from the new CBA. In the meanwhile, they’ve also done their best to ignore what retired players have actually been demanding long before this current CBA while never really putting their cards on the table about what it is that they’ve actually decided for retirees – without their direct input. The Union simply refused to be in the same room while discussions were being held directly with Commissioner Goodell and now they continue to play a let’s-wait-and-see attitude by blaming the League for holding up the final agreement. And they continue to take credit for the wonderful things they’ve done for retirees all while they weren’t a Union (during de-certification!). . Meanwhile, back at the Alumni ranch, George Martin’s $250,000+ annual salary and bonuses are apparently not enough so he also had to do some endorsement work. George has been driving around in a brand-new $65,000+ Cadillac Platinum Edition Escalade ESV for the last week or so since the Alumni Golf Tournament tweeting all about his praises for his loaner wheels much to the delight of Government Motors. (Read the official NFL Alumni Press Release by clickingHERE.) FOX Sports’ Alex Marvez had a few more words to say about that ride: .continue reading »
First the serious stuff: One more helmet concussion lawsuit filed in California by Hausfeld LLP and Pearson Simon Warshaw & Penny LLP, on behalf of Cedrick Hardman and Tommy Mason against the NFL, Riddell and Easton-Bell. The two Exhibits include proposals for medical monitoring and benefits after a career in football. . . And we’re not letting the NFLPA off the hook today either: Here’s another good reason for retired players to manage and administer their own benefits: Be sure to read about the Gene Upshaw NFL Player Health Reimburse lobby at the end of this post! Oh well – Another day, another $100,000! .continue reading »
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. .
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 »
Guys, .
A few comments from the notes I took down during the Santa Clara Law Sports Law Symposium: .
I was able to catch De alone for a few minutes outside at the coffee urn. He acted like he didn’t know who I was. Maybe he doesn’t??? In any event, I told him that I would really appreciate the opportunity to sit down with him and discuss disability. He told me to send him an e-mail! .
I received compliments from at least two guys who were amazed that I could hold my tongue during my presentation! I did directly ask him one question in my presentation – and he never answered it. It was about the new neuro-cognitive benefit – which I think is more PR or window dressing than a measure which will actually help any retired players. .
I thought he was taking down a lot of notes during my brief presentation – in fact, one of the audience members said that he was. However, when I looked over at him after I was finished, all I saw on the paper were doodles! .
De was the keynote speaker before our panel – the topic was concussions. However, other than saying that concussions were the NFL’s most significant health issue in the past five years, he did not speak at all about concussions. Rather, he said, “We need a broader discussion on health issues…(including) diabetes and heart disease… (as well as obesity).” .
One former player said that his talk was more like a commencement address, as it was filled with generalities and platitudes: “Our proper goal should be what is right and what is fair.” (Duh!) He also said to be, “…radical in your thoughts, unyielding in your criticism, with the goal of seeking justice.” .
Someone in the audience called out “My cow died!” .
De continued, unfazed, until the guy yelled out again “My cow died!” .
Somewhat rattled, De asked “What do you mean?” To which the heckler replied “I don’t need your bull anymore!” .
Now I can Dig That! . Not a word about retired players. Not a word about the Legacy fund. Most unfortuately, there was no time for questions and De made a dash for the door with Delvin Williams and Irv Muchnick trying to ask him questions. .
Well, at least he showed up… .
John Hogan
Disability Attorney & Retired Players Advocate . . .
EDITOR’S NOTE:George Visger caught up with me on the phone this morning just before arriving at a job site. George is back at work trying hard to help his family recover from losing their home after suffering another near-fatal brain shunt failure last October. George is one of the most remarkably intelligent and resilient guys I’ve ever met and his tenacity comes through in everything he does. I often talk to him about what might have happened with his life had he never played professional football and sustained his life-altering brain damage. He starts off with an answer to John Hogan’s earlier post (click HERE to read John Hogan’s comment). .
From TheUnion.com: George Visger, a Grass Valley resident, shows his 1981 San Francisco 49ers team photo and Super Bowl ring. Visger has undergone nine brain surgeries since he stepped off the football field for the final time.
. EDITOR’S NOTE: Thursday Evening – Irv Muchnick was one of the journalists attending the symposium and provides some notes about confronting DeMaurice Smith on Dave Duerson’s votes while on the Disability Board. Read his post by clickingHERE. . Will wonders never cease? NFLPA Executive Director DeMaurice Smith actually showed up this year for the Second Annual Santa Clara Law Sports Law Symposium. (Hey – we always gotta give credit where it’s due!) If you’ll recall, Smith was a very prominent no-show at last year’s symposium, citing “personal reasons” for not appearing. Disability attorney John Hogan is there again this year, along with retired players’ attorneys, Michael Hausfeld and Shawn Stuckey. Apparently, De Smith is the keynote speaker on sports concussions and John Hogan and Shawn Stuckey will be two of the panelists. Hall-of-Famer Jim Brown is the Special Guest this year.Click HERE to visit their site and look over the speaker list. . John has also provided us with an advance copy of his symposium White Paper: Concussions, Brain Injury and NFL Disability. This 23-page document is one of the best encapsulated overviews on brain injuries and how the NFL and the NFLPA is dealing (or not) with the long-term effects of concussions and the subsequent long-term needs of its former employees. This is a must-read for everyone. . We’ve just uploaded a full copy of John Hogan’s document to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close): . John Hogan Santa Clara Sports Law Symposium Paper .
To all retired players:
Due to the size and speed of today’s football players, the kinetic energy they generate during hits can have long-term consequences. Here’s my story:
Both the NFLPA and George Martin’s NFL Alumni have been trying to take credit for everything being offered to retired players from the new CBA. In the meanwhile, they’ve also done their best to ignore what retired players have actually been demanding long before this current CBA while never really putting their cards on the table about what it is that they’ve actually decided for retirees – without their direct input. The Union simply refused to be in the same room while discussions were being held directly with Commissioner Goodell and now they continue to play a let’s-wait-and-see attitude by blaming the League for holding up the final agreement. And they continue to take credit for the wonderful things they’ve done for retirees all while they weren’t a Union (during de-certification!).
Guys,
Not a word about retired players. Not a word about the Legacy fund. Most unfortuately, there was no time for questions and De made a dash for the door with Delvin Williams and Irv Muchnick trying to ask him questions.
