Dave Pear's Blog

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!
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We’ll start off with Bob Stein’s notes:
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May 8, 2012
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To: Fellow Retired NFL Players
From: Bob Stein
RE: Legacy Benefit
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Men,
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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.
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Bob Stein
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LEGACY BENEFIT INFORMATION
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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.
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1. Players currently receiving NFL Disability payments – I was told these players would receive only THE GREATER OF:
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a) the amount of monthly disability payment they currently receive; OR
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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.
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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.
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2. Players who assigned all or part of their pension benefits to an ex-spouse in their divorce:
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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.
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I hope this information helps clarify some remaining Legacy Benefit issues. The number of the NFL Player Benefits Office is (800) 638-3186.
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And some of what was relayed to retirees from the NFL Offices today:
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Dear Retired Player:
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The following items may interest you:
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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.
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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.
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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.
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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.
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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.
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Joe Browne
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Senior Advisor to the Commissioner continue reading »

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.
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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.
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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!
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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.
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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!
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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?
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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.
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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.
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Like they say, “STAY TUNED!” Here’s comes IFV-TV for retired football players! Broadcasting monthly soon!
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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.
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With so many areas to cover this year at our Second Annual Independent Football Veterans Conference, we’ve adopted a broadcast format and assembled discussion panels with audience participation instead of individual speakers for the most part. Each panel will be broadcast as a separate topic covering the most important issues and questions retired players want to know.
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Each panelist will be given an opportunity to talk approximately 5 – 10 minutes about their particular areas of expertise and interest after which 30 – 45 minutes will then be devoted to general discussions and questions from our studio audience and our online viewers. For a list of our panelists and speakers, click HERE. We’ll be posting our Panelists’ Bios shortly.
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All retired players welcome to participate in this live event but be sure to register for your entry pass today - click HERE – and book you flight and room(s) at the South Point as soon as possible! The Conference is open to all retired football players by simply registering to attend. Media and other guests are limited and by invitation only – click HERE to contact us.
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Each panelist will be given an opportunity to talk for approximately 5 – 10 minutes about their particular areas of expertise and interest, after which 30 – 45 minutes will then be devoted to general discussions and questions from our studio audience and our online viewers. For a list of our panelists and speakers, click HERE. We’ll be posting our Panelists’ Bios shortly.
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2012 IFV Conference Schedule

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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.
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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.
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Here’s what I was told:
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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.
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So I did not get what I requested which was a copy of the basic rules governing our Legacy Benefit payments.
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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.
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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.
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3. Timing of Plan Response
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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.
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4. Questions/Problems
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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.
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Bob Stein
Kansas City Chiefs, LA Rams,
Minnesota Vikings, San Diego Chargers
1969 – 1976
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EDITOR’S NOTE: Some of you may remember Andrew Stewart’s long battle to access his earned Disability Benefits from the Bert Bell/Pete Rozelle Plan. He ended up taking them to court. You can read the earlier posts by clicking HERE, HERE, HERE and HERE. All from 2010!
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Hi Dave,
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Here is an update along with some shocking comments from my court case with the NFLPA in Federal Court.
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After many years and delays, we finally reached our court date which was last Monday. My lawyer was there and the Plan sent several lawyers AND their secretaries.
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Their whole argument was not that they were right but that they are and should be afforded discretion under the law. They stated before the judge that Dr. Bach was on “Their Team” and the judge questioned whether they really wanted to say that. Even though Dr. Bach had never examined me, never treated me and didn’t even bother to see any of the X-rays of my injuries, he still decided that in his medical opinion, “It was not even close” as to whether I was disabled or not held more weight than any detailed medical evaluation that their neutral examining doctor could give.
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“Not even close.” Would you trust your doctor if he chose to only write that as his evaluation to any illness or injury you personally suffered? They also stated that they basically did me a favour by putting me on the lower amount and that I should grateful. (!)
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Doug Ell, the lawyer for the Plan, stated in court that one of the reasons they couldn’t pay every player the higher amount was that the Plan has to watch its bottom line since they have to make sure there’s enough money for players such as Brett Favre. It is important to state that during testimony, it was also disclosed that the Plan currently has over a billion dollars in assets. So apparently, we’re valued differently by the NFL: Not for your vested seasons or your injuries but maybe by how many more jerseys you can sell and your commercial appeal!
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In the end, the judge decided that he wanted briefs filed by the end of March and he would then rule.
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Although the NFLPA’s lawyers felt that this judge is not what they call “a plan-friendly judge” as they have stated to my lawyer, I feel that the judge is very fair and is taking this case very seriously because there are just too many instances where they are not following their own rules as laid out by the Plan and – depending on the case – they’re prepared to change them accordingly.
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Sincerely,
Andrew Stewart
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ADDENDUM FROM IRV MUCHNICK MARCH 7th:

Dave Duerson’s Bankruptcy and Andrew Stewart’s Case Against the NFL Retirement Plan

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To all retired players:
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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.
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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
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The NFLPA is asking that your case be dismissed against them. We will argue that your case deserves to be heard by a jury.
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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.
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The address is below. Please let me know if you plan to attend. Thanks.
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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
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(Eller/Bednarik et. al, v. NFLPA and Gault/McElhenney et. al, v. NFLPA) Case No. 11-CV-2623 SRN/JJG (D. Minn.)
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FOX Sports‘ A.J. Perez and Alex Marvez kick off Super Bowl week with a scathing exposé on the inner workings of the NFL Alumni and its Executive Director, George Martin.
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One question we keep wondering about: Just exactly how many retired football player members does the NFL Alumni actually have? The one thing even the NFLPA manages to be transparent about is its membership roster and they even provide an online list for all to see. But George Martin and his management team continue to cite numbers in the thousands, claiming that their membership is the largest collective group of retired players. But this article cites around $80,000 collected from May through September 2011. At $100 per member, simple arithmetic tells you that’s 800 members. But when you factor in the $5,000 fees from the remaining chapters who may have sent in their dues during that same period, one has to wonder how much of that $80,000 actually comes from individual memberships? We’ve heard from all too many sources that the membership has dropped to below 500 actual dues-paying retired players, with the remaining members classified as “Associate Members” that include fans and other non-retirees. Heck, if the NFL has given the Alumni $4 million in interest-free loans since George Martin took over, maybe it might have been cheaper to just pay each of the estimated 15,000+ retired players (just one estimate) $100 apiece to be members of the Alumni?
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Larry Kaminski has been keeping us updated on his battle against the Denver Broncos filed in California under their Workers Compensation laws. The Broncos current ownership is trying to have their case heard and dismissed in Federal Court based on their claim that when they bought the team, they only acquired the assets and not the liabilities (yes, just when you don’t think it can get any dumber). Read the earlier post – click HERE.
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Here’s a short update from Larry for those of you also going through Workers Compensation cases or considering that as an option:
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Fellow Independent Retired Players:
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As I had mentioned in an earlier post, a deposit showed up last Friday in my bank account that wasn’t quite as much as my normal disability payment (and they always show up on the first of the month). It wasn’t until yesterday that a letter arrived in my mail to explain what several of our readers had also just received. No doubt, some genius in the front office figured they’d better get these payments out just before yearend so they could get some tax benefits for 2011.
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For those of you who still haven’t received your letter yet, we’ve uploaded a copy 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 (and just hit the ESC key to close):
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Dave Pear’s Disability Increase Notice
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We also understand that the new Legacy Benefits will be calculated retroactively to Aug. 1, 2011 but we’re not sure when those retroactive payments will start showing up or exactly when the first increased pension checks will start arriving. We hope everyone will continue to share their own experiences with the other retired players and their families. Once again, it looks like the retired players are the last to be informed and the last to be paid. That’s why they pay DeMaurice “Upshaw” Smith those big $1 million bonuses. (Click comic to enlarge)
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EDITOR’S NOTE: Some of the retired players have been sending in some additional thoughts and comments on a wide range of topics. Many were important enough that we thought it would be better to put them all up in one post. We’ll start off with a comment from Larry Kaminski followed by an answer from one the law firms currently involved with litigation against the League and the NFLPA.

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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.
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EDITOR’S NOTE: Dave has been talking with Bette Schwager over the past few weeks about her treatment (or mistreatment) at the hands of the NFLPA and the Players Assistance Trust (PAT). We asked her to write the story in her own words so that our readers can understand just a little of the senseless treatment she and her family have been put through by the NFLPA and their so-called assistance programs this past year. Bette’s husband, Bruce, had played football at the Merchant Marine Academy before being drafted by the Chicago Cardinals in 1955. The Cardinals refused to take him off their reserve list even as he went in to service with the Navy from 1956 – 1958. So Bruce became another one of the pre-’93 players (pre-’72!) who was actually on the roster and vested with enough years but never granted vesting. You can read the full story from Alan Schwarz in his June 2011 New York Times article – click HERE. We’ve also posted a copy of the 2-page Release Letter that the NFLPA tried to get Bette to sign after Bruce passed away before he was to be evicted from his dementia care facility because the NFLPA stopped paying his bill. After you read Bette’s story and the Release Letter, you’ll understand why we’ve been cautioning everyone to be extremely careful of signing anything from these people without close scrutiny and advice. continue reading »

We’ve got some news and thoughts that have come in from two of the retirees out there and felt it would be best to share it with everyone here in one post.
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This past year, Larry Kaminski has been going through the California Workers Compensation process to gain access to his disability benefits.
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Most members of the NFLPA received the first announcement in their Inboxes earlier today along with different variations from many sources. The second, more detailed announcement comes out of the NFL Communications office. If you note in the league’s release, credit is graciously being given to several retired players who took part in later discussions held directly with Commissioner Goodell and the owners, something that’s clearly missing from the NFLPA’s announcement. In fact, the NFLPA and its representatives did NOT attend that meeting held in Washington DC.
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We’re posting both announcements here exactly as received:
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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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