Dave Pear's Blog

EDITOR’S NOTE: Thurs. May 9, 2012 10:40 pm PST
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Uploaded complete 896-page study to Scribd ; go to bottom of this post to read.
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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.
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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):
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1991 Dept HHS Letter RE: NFL Football Players
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Dept of HHS NFL Study
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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.
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May 9, 2012 • Here’s the entire 896-page study from the NIOHS:
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Complete NIOHS NFL Study
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Aaron Hewitt: Dave at Home

Yesterday, I was reading a recent article on Bleacher Report titled Dear NFL: Eight Changes That Need to Be Made Now (click HERE to read their eight changes). It got me thinking again about the real changes that need to be made for retired players:

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This story started a couple of weeks ago when I was reminded that Valerie Cross was the person listed as the Director of Player Benefits for the Bert Bell/Pete Rozelle NFL Players Retirement Plan. So I went ahead and called her office. My call got directed to her voicemail and I left a message asking her to call me back regarding some questions that I had about my benefits as well as my HIPAA/ERISA  rights. The story continues in the following e-mails:

Dear Mr. Lamade,

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We still haven’t figured out if Gene Upshaw is just plain arrogant or just plain ignorant of the law. Maybe it’s a bit of both after all these years of running unchecked as head of the NFLPA and an officer of the AFL-CIO. And sometimes, there are so many flagrant violations – legal and otherwise – most of us tend to glaze over and miss most of them.

That was the case from way back in February when The Washington Post’s Michael Leahy wrote his piece The Pain Game (click to read the entire piece). But first, a little bit of background: In all of my requests to the NFL and the NFLPA, as well as to their attorneys – The Groom Law Group and Akin Gump – for documents pertaining to my case as well as general documents on the disability plans, there’s always more redacting on every page than a Watergate investigation. And all of it is supposedly done in the name of privacy and confidentiality in “protecting the names and personal information” of those who have applied for benefits.

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NPR interviewed Michael Leahy right after his piece came out in the Sunday Washington Post, The Pain Game, previously posted on this blog. From NPR’s site:

“Dozens of former pro football players say the NFL and the NFL players union should do more to help with pension and disability payments after their years of playing through pain and injury. Michael Leahy of the Washington Post tells the story of retired Super Bowl champion Dave Pear, who is disabled.”

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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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From Page 26: The Washington Post Magazine February 3, 2008) – Super Bowl Sunday

Gene Upshaw: “Once he took that pension, that was it. He can’t get a disability (benefit). That’s not only the rule of the retirement plan — it’s the law.”
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Michael Leahy from the Washington Post: I ask if he is certain of that.
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Gene Upshaw: “Yes,” he answers. “It’s not just the NFL; it’s the law.”
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But it’s not the law, says the attorney Upshaw himself retained. Lanny Davis, in a separate interview, says the NFL could grant both a pension and a right to a disability payment. “It’s discretionary,” Davis says, “which is the way it is with most corporations.”
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Link to the Washington Post article HERE.
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  Late last year, Washington Post writer, Michael Leahy, spent several days following Dave around to see just what his life is like on a day-to-day basis. His article also appeared as a cover article in the SuperBowl Sunday edition of The Post Sunday Magazine, along with another dramatic collection of photos taken by The Post’s Brian Smale. Read The Pain Game and check out the Slideshow in the sidebar.

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