Fourth and Goal Unites

The NFLPA today announced the implementation of Social Security decisions into the NFLPA’s disability criteria:

            “Players who have received a Total and Permanent Disability determination from Social Security will not need to separately establish disability under the Bert Bell/Pete Rozelle NFL player Retirement Plan”.

Perhaps someone should tell them that Social Security does not grant permanent disability!

What the memo does not say, and everyone should be clear on, is that this agreement only establishes that the Player is totally and permanently (“T&P”) disabled.  IT DOES NOT MEAN THAT PLAYERS WILL AUTOMATICALLY BE GRANTED FOOTBALL DEGENERATIVE BENEFITS! They will still face the current gauntlet to try to establish that.  Social Security generally does not care what the cause of disability is, so it is highly unlikely that a Social Security decision will ever find that a Player is disabled due to NFL injuries.  Furthermore, if the Social Security grants benefits prior to the Administrative Law Judge level, there is no written decision that even discusses the evidence.  When there is a written decision, it might be used by the NFLPA to deny a football degenerative claim, as SSA is required to consider every medical impairment an individual has.  For example, a former Player may actually be “totally disabled” due to his orthopedic impairments, but he might also have COPD from smoking.  The decision will discuss the severity of the combined impairments in finding the former Player totally disabled.  Will such a decision be used to defeat the NFLPA claim – as the disability is not completely football related?

This agreement may help some currently disabled former Players, but the beneficial effects for former Players who have not yet filed for disability, may be negligible. (A former Player can obtain football degenerative T&P benefits – paying $110,000 per year if he becomes disabled within 15 years of leaving the league, or age 45, whichever is later)  That is because if a Player becomes disabled and decides to apply for Social Security disability and NFLPA benefits at the same time, ERISA regulations require the NFLPA to make a rather quick disability determination, both at the initial (DICC) level and the full Retirement Board level.  SSA has no time guidelines, and currently has claimants waiting two to three years to get a hearing.

Also, we need to make it clear to CURRENT PLAYERS – the guys Gene Upshaw is supposedly taking care of, that he just signed off on an agreement (March 14th) eliminating retroactive disability benefits, which may cost CURRENT PLAYERS who will become disabled – almost $400,000 in cash disability benefits!

“It gives them one more door to enter to receive disability benefits,” said Miki Yaras-Davis, NFLPA Benefits Director.  I am left to worry and wonder that this “door” is a trap door!

John Hogan

Former SSA Administrative Law Judge Attorney Advisor