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One-Third of Former Players who apply get Free Joint Replacements

The NFLPA announced yesterday that 33 vested retired players and one non-vested former player have received free joint replacements since July 2007 – courtesy of the NFLPA.  Great news.

However, this announcement also stated that a total of 87 former players had applied.  This raises some serious questions:   Why were two-thirds of the applicants rejected?  What are the criteria?  Are there any criteria?  Do you have to be a “friend” of Upshaw’s to be approved?  I know that Dave Pear –who is currently in a skilled nursing facility recuperating from his left hip replacement a few weeks ago – made contact with the NFLPA office at least three times to see if he could take advantage of this benefit.  They never even sent him an application.

John Hogan

Bill Release Kevin Everett

An article in yesterday’s Buffalo News (www.BuffaloNews.com) reported that the Bills have released tight end Kevin Everett so that he might apply for NFLPA disability benefits. The article noted that he may be eligible for “active football” benefits which pay $224,000 per year. He may also be eligible for a $75,000 supplemental benefit. We are all familiar with the incredible story of Kevin’s miraculous recovery from his neck fracture and paralysis. His inspirational story has been made into a book: “Standing Tall: the Kevin Everett Story”. He has been featured in Sports Illustrated and has appeared on Oprah. As a life-long Bills fan, I have been cheering for Kevin all the way. As a disability attorney, I’m holding my breath to see what the NFLPA does with his disability application! How many “neutral” physicians will they send him to see? Will one of these doctors opine against “total and permanent” disability because they think he might be able to do “some kind of sedentary work where he can rest frequently”? Dave Pear’s case was turned down by the NFLPA because the neutral physician was of that opinion – in spite of an “80% or greater disability rating to his spine”. I haven’t seen Kevin’s medical records, but from the reports of his miraculous recovery, I would be surprised if his currently spine rating is 80% or greater. Maybe Kevin will be the recipient of a second miracle – the NFLPA disability folks doing the right thing in an expedient manner!

P.S. for anyone who has ever mocked Buffalo as a sports town – Kevin’s remarkable recovery, and saving the life of Florida Panther’s Richard Zednick can both be attributed to the extraordinary talents of Buffalo physicians and their hospitals – truly life savers!

John Hogan

Open Letter from Jeff Nixon

March 10, 2008 johnhannah Leave a comment

Dear Alumni:

The recent changes to the Disability Plan that were made by the newly formed NFL Alliance Group is a good development, but I would be curious to know how many former players will actually benefit from this action. We need to stay on top of this issue and find out how many retired players will now be classified as Totally and Permanently Disabled? If I had to guess, I’d bet the actual number will be very low.

The NFL and the NFLPA have been focusing a lot of attention to this area because it is good publicity and in the long run they know that this will not cost them a lot of money.

Although many of the injuries we incurred while playing football are very debilitating, only a small number of them are ever classified as Total and Permanent Disabilities. For those retired players that actually receive this benefit it is a very good thing!

Although this is a step in the right direction, it should not stop retired players from continuing to advocate for better pensions.  If you haven’t noticed, no one from the NFL or the NFLPA has been talking about any attempt to continue to increase the Pension Plan during the next CBA negotiations.  To the contrary, Gene Upshaw has been telling a lot of people that there will be no future increase to the Pension Plan. On the NFLPA website he has ominous warnings about inadequate funding creating the risk that retirees may have their benefits reduced and that this is a major problem in the steel, airline, and automobile industries.

He goes on to say that our Pension Plan covers 93% of its obligations, is healthy and well within the range of funding required by recently enacted federal pension legislation…………but, “this shortfall will grow considerably when the burden of new benefits for retired players (recently negotiated in the Collective Bargaining Agreement

extension) is added.”

I think we are a burden to Gene Upshaw.

And I hope we continue to be one.

Jeff Nixon

Buffalo Bills Alumni

O.J. Brigance – Baltimore Sun Reporter Article

March 10, 2008 johnhannah 2 comments

www.baltimoresun.com/sports/football/bal-te.sp.brigance10mar10,0,3963512.story

 

Former Ravens player shows perseverance in the face of his toughest

fight: Lou Gehrig’s disease

 

By Jamison Hensley

Baltimore Sun reporter

March 10, 2008

 O.J. Brigance remembers the 2001 Super Bowl like it was yesterday, when he charged down the field for the Ravens and collided with a kick returner for the first tackle of the game. 

Now, everyday activities like eating are as challenging as his old workouts. Picking up a fork these days feels like lifting more than a hundred pounds of weights.

Brigance, 38, was diagnosed in May 2007 with amyotrophic lateral sclerosis (ALS), often referred to as Lou Gehrig’s disease, a progressive and fatal disease that shuts down nerve cells responsible for movement.

The body that allowed Brigance to compete at football’s highest level is betraying him.

Brigance needs to be driven to work because he can’t lift his arms. He needs to sit on the bed to put on his pants because he loses his balance. And he needs his wife to button his shirt because he doesn’t have the same dexterity with his hands.

“I can see where you can fold up the tent,” said Brigance, the Ravens’

director of player development. “To be totally honest, I’m not always upbeat. It’s tough. But I’ve always believed that we’re able to overcome more than what we think.”

Brigance will be honored tomorrow at the Ed Block Courage Awards, receiving the Johnny Unitas Tops in Courage Award for battling the disease with the same willpower he used to fight his way into the NFL.

In 1996, he was rejected by 28 of 30 NFL teams when he called for a tryout, but ultimately had a seven-year career.

About 5,600 people in the United States are diagnosed with ALS each year, a disease that generally paralyzes muscles and the lungs, often causing suffocation, but doesn’t impair the brain or any of the senses. There is no known cure, and most die within five years of being diagnosed.

Brigance could have chosen to walk away from his job and handle his ordeal privately. A former special teams standout who prided himself on outworking current Ravens in the weight room, Brigance knows he is a shadow of the overachieving player who played on winning teams in the 2001 Super Bowl and the Canadian Football League’s 1995 Grey Cup in Baltimore.

His rippled muscles have disintegrated and his arms sag to the side of his body. His fingers can no longer wrap around a football, much less give a firm handshake.

But Brigance has dedicated himself to be a guiding hand to the Ravens’

players, preaching to them that adversity makes you stronger.

“No one has beaten this thing, but I am going to be the one who does,”

Brigance told the players before the season began. “They’re going to find a cure.”

Despite the effects of ALS, Brigance has continued work that has become a standard of excellence around the NFL. As director of player development, Brigance assists players with each phase of their careers, including after their playing days are over. He also provides young players, especially rookies, with life skills programs to help them grow off the field.

The league’s player development office has recognized Brigance as having the best overall program for the past two seasons as well as the best internship program in 2005.

Brigance’s influence will now be felt outside the Ravens locker room.

Known for his gentlemanly way and ever-present smile, Brigance has become the ALS Ambassador for the Packard Center, the research center for the disease at the Johns Hopkins University. He is honorary chairman for the center’s May 3 race in Baltimore, a fundraising effort for ALS research.

Brigance has also set up his own foundation, the Brigance Brigade, to create more awareness about the disease.

“I think we can all learn something from O.J.,” said linebacker Bart Scott, who pointed out that he wears Brigance’s number, 57. “If I can be half the man, player and husband he is, I think I will accomplish a lot in my life.”

Perseverance

Brigance only wanted to play football.

It was hard for him to think anything else, especially when his mom gave him the name Orenthial James – a minor variation of the spelling of Orenthal James Simpson – in honor of her favorite sports hero.

To ultimately achieve his dream of playing in the NFL after being a three-year starter at Rice University, the Houston native had to rely on patience (a five-year journey in the CFL that took him from British Columbia to the Baltimore Stallions) and perseverance.

“Many people doubted that I could play, being smaller,” said Brigance, who was a 6-foot, 236-pound linebacker. “So, I’ve always had that chip on my shoulder because I was going to show them, I was going to prove them wrong.”

Brigance spent four seasons with the Miami Dolphins, where he was voted team captain twice. He then came back to Baltimore to play for the Ravens, winning the Super Bowl in January 2001. In the Ravens’

34-7 rout of the New York Giants, Brigance had five tackles on special teams.

“O.J. was never one of those guys who was overly talented as a football player,” said offensive tackle Jonathan Ogden. “But he was so dedicated and professional about his job. If everybody approached the game like he did, we would have a lot of great players.”

Another passion

In the grand picture of the NFL, Brigance was just a speck as a player, a special teams standout who never made millions nor became a household name.

Brigance’s impact has repeatedly been felt more in the locker room than on the field, colleagues say.

Even as a player, Brigance was the one teammates came to, whether it was an issue with their family, a girlfriend or depression. They knew that Brigance wouldn’t give them the answer they wanted to hear but the answer they needed to hear.

After Brigance’s career ended in 2003, he contacted Brian Billick, who told him that the Ravens were looking for someone to replace Earnest Byner as the team’s director of player development.

It became a perfect fit.

“It’s not a job for him, because it’s something he loves,” said his wife, Chanda, who has been married to Brigance for 13 years. “Just like football, this is another passion for him.”

In Brigance’s time with the Ravens, the team has averaged 10 to 15 internships a year. About five players return to take classes, with one to two graduating each year.

“The things that O.J. does are really priceless,” said linebacker Terrell Suggs. “He was one of the driving forces to getting me to go back to school.”

‘I’m not afraid’

Brigance knew there was something wrong when he played racquetball one day.

There was a pain in his right shoulder that didn’t allow him to hit the ball with the same velocity. He thought it could be his rotator cuff, but he soon learned that it was far worse.

A devout Christian since his sophomore year in college, Brigance has relied heavily on his faith.

His other inspiration comes from a saying given to him by former teammate Harry Swayne, which is written on a board inside his office:

A man with an outstanding attitude makes the most of it while he gets the worst of it.

Brigance tries to do everything himself, never asking for help.

“In his heart, he knows he will be the victor,” his wife said.

The Ravens have hired Swayne as an assistant, although Brigance expects to handle the same workload this year.

Brigance wants to continue counseling players and hosting a television show for the team.

He wants his life, as well as his message, to remain the same.

“I want to let everyone know I’m not afraid,” Brigance said. “I’ve been up against so many challenges, and this is another one. I’m not going to bow down to it.”

Dave Pear Speaks

March 10, 2008 johnhannah Leave a comment

From: Dave & Heidi Pear

 

Subject: Commissioner Goodell’s Alliance 2/29/08

 In June of 2007, NFLPA  representative Doug Ell testified to the Subcommittee on Commercial and Administrative Law ( Washington DC) that the NFL and NFLPA, “recently agreed to immediately grant T(otal)&P(ermanent) disability benefits to players already receiving social security disability”. However, this has not been the case.  

[My Comments]than 7 months have passed and we are still waiting. This is contrary to what was promised to Congress. My suggestion is, “make your yes mean yes and your no mean no”.

 

The press release on 2/29/08 states that, “players who were denied benefits under the NFL plan but have subsequently been found disabled by social security (may) have their cases (reconsidered). Reconsidered does NOT mean, “to immediately grant”. Is this consistent with the congressional testimony given?

 

With all due respect Mr. Ell, “you have a credibility issue with retired players”. With this type of mentality that the NFLPA unwittingly displayed, I now have to question if this alliance is even real. Is it? The standard of integrity seems to only lower itself. Is it wrong to promise the Senate one thing and then do your own thing?

Please respond. Sincerely, Dave & Heidi PearNFL 1975-1980Social Security Disabilityweb site: davepear.com

Drew Bledsoe – Making the Transition

March 10, 2008 johnhannah 2 comments

 

The New York Times

March 10, 2008

 

By GREG BISHOP

 

BEND, Ore. — On the first day of the first football season after his retirement, Drew Bledsoe actually missed two-a-days. In the morning, he climbed into his boat and floated on Whitefish Lake in Montana and allowed for 30 minutes of reflection.

Then he started training camp.

This was not training camp like the ones Bledsoe reported to during his 14-year N.F.L. career. This was Camp Bledsoe, the beginning of his transition.

He grabbed a camera and asked his wife to snap a shot of him sitting on a deck, feet in the water, beer clutched between his legs. He sent the picture to dozens of friends still playing in the N.F.L., all sweating through training camp in the sun.

“As you can see from this first picture I am maintaining my strict workout regimen,” he wrote them. “You can see here I am alternating some 12-ounce curls with some toe swirls. I generally do these until the bottle gets too light to offer enough resistance then I start over with a fresh one.”

The messages continued through the first week of camp — Bledsoe riding his motorcycle, sipping wine, playing golf. By the end, Bledsoe knew deep down what he already suspected. His N.F.L. career was over.

“When training camp came and went, and I wasn’t there, that was when the official break happened,” said the 36-year-old Bledsoe, who announced his retirement last April. “I left that phase of my life and moved on to the next one.”

Last week, quarterback Brett Favre joined Bledsoe in the retired quarterbacks club. Next season, Favre will experience what Bledsoe went through this year, a transition from veteran signal caller to real-world rookie.

On a recent two-day tour of his new life in the city of Bend, Ore., Bledsoe conducted a business meeting over wine, coached third graders on the basketball court and closed a business deal on the ski slopes at nearby Mount Bachelor.

Bledsoe began planning his transition six years before his retirement, about the same time his tenure ended with the New England Patriots.

They selected him out of Washington State with the first overall pick in the 1993 draft, and Bledsoe’s entire family traveled to New York City, their first trip together on an airplane.

“Like the Waltons go to New York” Bledsoe said.

During his ninth season in New England, against the Jets in late September 2001, Bledsoe took the most vicious of hit of his career.

Linebacker Mo Lewis smacked Bledsoe along the sideline as he tried to run for a first down. Four liters of blood flowed into Bledsoe’s chest cavity, until his lungs failed to inflate.

Bledsoe went back into the game, but he could not remember plays he spent years practicing. He needed assistance getting dressed after the game.

In Bledsoe’s absence, the Patriots turned to a young and unknown quarterback named Tom Brady. Bledsoe threw a touchdown pass in the American Football Conference Championship game that year, but Brady started in the Super Bowl, and the Patriots’ dynasty began with Bledsoe on the sideline.

“I don’t play the what-if game much,” Bledsoe said. “And of course, I believe had I not gotten hit, we would have done the same thing. As an athlete, you have to believe that.”

After that season, Bledsoe felt a strong urge to walk away. Instead, he went to Buffalo, where he made his fourth Pro Bowl, then to Dallas, where he was benched again. His career ended with more than 44,000 passing yards and 251 touchdown passes.

The Cowboys pulled Bledsoe at halftime of a game against the Giants in late October 2006. He said he decided to retire then, but waited until the season ended to make sure he was not simply making an emotional decision.

Bledsoe says he is still bothered by the perception at the end of his career that he was too slow and his skills were declining. He insists his skills “had not diminished to any measurable degree.”Bledsoe wished he could show up at the scouting combine wearing a disguise, pretending to be from a small school, essentially starting over.

“Perception always bugged me,” said Adam Bledsoe, his younger brother.

“In the latter half of his career, he became a whipping boy.”

Bledsoe relished standing on the field, the center of attention, 80,000 fans packed in the stands. But after the second benching, after teammates started addressing him by Mister, he decided to fade into the background. He started to decline interview requests and began starting businesses.

He knew the statistics of recently retired players, the marriages that crumbled, the money that disappeared, the friend who refused to watch football for three years after retirement. Gone were the people who made his doctor’s appointments, gave him directions and planned nearly every minute of his day.

His biggest fear: finishing football and having no reason to get out of bed in the morning. As a result, Bledsoe said yes to everything.

During his career, a winery deal with three other N.F.L. quarterbacks

– Damon Huard, Rick Mirer and Dan Marino — fell through, so Bledsoe started his own vineyard. He planted the grapes three years ago, and the winery will start producing in 2010.

A coffee business, 11 Roasters, is in full swing. Bledsoe proudly shows off the fire-engine red roaster in his Bend offices and talks about his blends like a Starbucks chairman. (He says the Esmeralda special is a favorite.)

The idea behind all his endeavors, whether wine, coffee, real estate or the Drew Bledsoe Foundation, is to start slow, build small and then expand. Bledsoe said he believed every coffee blend, every bottle of wine, should tell a story.

His advice to Favre? Stay busy. Adam Bledsoe jokes that after his brother retired, he took golf as seriously as he used to take football. He raised $600,000 in four months to put in FieldTurf at the local high school.

Along the way, the strangest thing happened. Bledsoe sometimes awoke at 4:30 in the morning, excited to start the day.

He coached flag football in the fall and basketball in the winter. He and his wife, Maura, will celebrate their 12th wedding anniversary in May. Finger paintings from four children — Stu, 10, John, 8, Henry, 7, Healy, 4 — hang from the refrigerator.

Sometimes, Bledsoe’s family wonders the same things as everybody else.

Like when Healy asked the other day, “Daddy, when are you going to play football again?”

Arizona, Carolina, Cincinnati and Jacksonville called this past season. Jacksonville’s offer intrigued Bledsoe. The Jaguars had a strong running game, a solid offensive line, a coach Bledsoe liked, and they were offering an easy seven-figure paycheck.

Bledsoe seriously considered it, but he decided to turn down the offer. When he woke up the next morning with a giant smile on his face, he knew he made the right decision.

Toward the end of his career, Bledsoe learned he had chronic head trauma migraines. Every time he was hit in the back of the head, he lost his peripheral vision.

“I really don’t have any regrets,” Bledsoe said. “Most people leave the game angry, at least for a little while. I had that with the Patriots, but I got over it, moved on.”

Humor eases the transition. His e-mail address starts exqb11. The Bledsoes’ Christmas card pictured the family dressed in holiday gear, with its recently retired father sitting oblivious in the middle, watching television.

There were times when Bledsoe missed the game. At a restaurant in Montana, the Cowboys’ first preseason game was on television, and there were all his teammates, guys he played with only a few months earlier, moving on.During the Super Bowl, the Bledsoes went skiing in Jackson Hole, Wyo. They planned to leave on a Sunday, but snow forced them back inside the cabin, where they watched the Giants’ victory on television.

When the game ended, Maura held a glass of wine and toasted her husband on surviving his first season out of football. She noticed tears forming in his eyes.

At the end of the two-day Bend tour, Bledsoe pulled his Mercedes into the lot where the family is building its second dream home. The house will be about 10,000 square feet, with a wine cellar and a theater and an underground basketball court.

The last time Bledsoe built a home like this, he played for the Patriots, his career still in front of him. Scanning the mass of concrete, Bledsoe smiled. New dream house, new dreams, new life. This transition is complete.

“His career didn’t end the way we thought,” Maura said. “I always wanted it to end in the Super Bowl, ride into the sunset. But this works. He’s happy and busier than he’s ever been.”

Levon Kirkland – The Gear-Up Program

March 10, 2008 johnhannah 1 comment

Times & Democrat (S.C.)

By LEE TANT, T&D Staff Writer

March 10, 2008

 

Levon Kirkland was told by some people growing up that he wouldn’t do well in life. Like many of the students he spoke to at Edisto High School this week, Kirkland grew up in a small town, where large ambition is often met with an even greater skepticism.

Luckily for Kirkland, he didn’t listen to the skeptics. He actually did much better in life than those same people who failed to realize his potential.

Not only did Kirkland become an All-American linebacker at Clemson University, he transformed the talent he worked so hard to develop into a successful National Football League career.

That’s not bad for someone from the small town of Lamar. Kirkland said the children at Edisto reminded him of his situation growing up in a small town.

“I took an opportunity and made the most out of it. You guys have the opportunity to make the most out of it,” Kirkland told freshman students in the Edisto GEAR-UP program.

The GEAR-UP program was developed by the State Commission on Higher Education to help prepare children for college. It assists students in tutoring, mentoring and obtaining financial aid for college, among other things. There are 282 students in the Edisto GEAR-UP program.

Kirkland said the reason he came to speak to the children at Edisto was he genuinely cares about their future.

“Our future depends on what you do,” he said. Kirkland actually had no idea his future would one day include the NFL. He originally wanted to be a detective.

He finished his stellar NFL career with two Pro Bowl appearances, a

$25 million contract and a great performance for the Pittsburgh Steelers in Super Bowl XXX. He played for the Steelers, Seattle Seahawks and Philadelphia Eagles in his 11 years of pro football.

While his Steelers lost Super Bowl XXX to the Dallas Cowboys, Kirkland brags that there is one thing he could never lose.

He went back to Clemson after his stint in the NFL and finished his sociology degree. He is now pursuing his master’s degree and is the minority recruiter for Clemson’s admissions department.

“The money can go, but the one thing no one can take away is my degree,” Kirkland said.

He told the students that while he may have become a multi-millionaire in the NFL, having a college degree makes him more legitimate.

Despite his extensive football knowledge, Kirkland noted, he could not even coach a high school football team without his college degree.

The former All-Pro linebacker established four objectives for the Edisto students: have a belief in yourself no matter what the circumstances, have a vision for the future, have a plan and, most importantly, put in the work.

He told the group of about 20 students that they had the same potential to accomplish great things like he did.

“The question is are you going to bring that potential out?” he asked the students.

Aspiring lawyer and Edisto freshman Ericka Monroe said she was inspired by Kirkland’s words.

“I think it was great. He told us what we need to do for our future,”

Monroe said.

Kirkland emphasized the enormous amount of work he had to put forth just to be successful at the college football level.

He said not much was expected of him even after he received a football scholarship. He was red-shirted his freshman year at Clemson and watched his teammates from the sidelines. Because of his determination, Kirkland became a two time All-American selection before he left Clemson and the 38th overall pick in the NFL draft.

The turnaround for Kirkland came in the ninth grade, Kirkland said, the same grade he was speaking to at Edisto.

If he hadn’t improved his grades as a freshman, he may never have gotten the chance to play pro football, Kirkland said.

He said his dad was a strict disciplinarian and was less than pleased with his low grades at the time. Because of this, Kirkland’s father would not allow him to run track or play basketball. He did allow him to play junior varsity football, but only if Kirkland kept his grades up.

“It taught me that if I wanted to really do something, I had to get my priorities straight,” Kirkland said.

He encouraged the Edisto students to work hard on getting good grades to obtain the grade point average that attracts colleges. Seeking the advice and counsel from those surrounding them is vital as well, he told the students.

“Give it your all. It’s your time right now to make sure you do that,”

Kirkland said. “When I get older, I want to see one of you doing something great.”

The Game Plan Foundation –

March 10, 2008 johnhannah 1 comment

Naples News

By ADAM FISHER

 

Wednesday, March 5, 2008

 

While starting his non-profit Game Plan Foundation, which assists retired NFL players, Leonard Marshall made a startling discovery:

Despite making millions of dollars in the league, some of the former players, Marshall found, are functionally illiterate.

The Game Plan Foundation seeks to provide financial, medical and psychological support to retired players, but Marshall, who played in the NFL for 12 years, has started another organization to try to stop those problems before they start. The Marshall Levenson Literacy Foundation was established to educate underprivileged children to help them become doctors, lawyers, even football players.

Wednesday, he brought that message to third-, fourth-, and fifth- graders at Community School, inspiring the students to make something of themselves through their educational opportunities. He even had the chance to wow the children with stories from his playing days with the New York Giants and his two Super Bowl championships.

“There’s a disconnect,” said Marshall, 46, who retired after the 1994 season. “Guys go to college to play football … half of them have no education when they leave. Then less than one percent are successful in the NFL. You need to take care of yourself to make sure you can go get a job when you get out of sports.”

Marshall’s message was one of motivation. His literacy foundation is aimed at children who don’t have the opportunities that Community School students have to get a good education. Since his audience already is getting an education, Marshall urged the kids to set goals and reach high.

“Play the next play,” the former defensive lineman told them.

“Every time you try something, even if you fail, don’t be afraid to try again,” Marshall went on. “When an athlete gets beat on a play, he comes back and plays the next play. You’ve got to be able to move forward.”

Marshall played 10 seasons for the New York Giants where he won rings in Super Bowls XXI and XXV. He finished his career with 83 1/2 sacks in

177 games, including 15 1/2 in the 1985 season.

Upon retiring, Marshall got involved with several charitable organizations. He is a past winner of the United Way Lifetime Achievement Award. Marshall currently is vice president of philanthropic development for Seeman Holtz Financial Group in Boca Raton, and is on the faculty at Seton Hall University as a sports management lecturer.

As a co-founder of the Marshall Levenson Literacy Foundation, Karen Schoen said there’s no one better to help inspire and teach children than Marshall. The former pro, who has a bachelor’s degree in finance from Louisiana State University, was pushed by his father to pursue academics before athletics.

“I love to work with Leonard because he is absolutely dedicated to education,” Schoen said. “He wouldn’t be where he is today without it.”

Marshall’s mission with the Game Plan Foundation is similar to that for the newly-formed Academy for Athletes. The Naples-based organization also provides assistance and education to retired professional athletes in need.

Both the academy and Marshall’s foundation are part of a recent NFL initiative to improve the quality of life for former players, particularly those who were out of the league before the era of free agency and multi-million dollar contracts.

Marshall is part of an alliance of former players who, along with NFL commissioner Roger Goodell and Players Association leader Gene Upshaw, are investigating ways to make sure no more retirees end up like Andre Waters.

Waters played defensive back in the NFL for a decade. After retiring, Waters was ravaged with physical and mental problems, which eventually led to him committing suicide in late 2006.

“We’re trying these guys have a chance to succeed … so their families and themselves can live a positive life,” Marshall said.

“We’ve got to come up with a better game plan to help these guys deal with life issues. I’m trying to help them help themselves.”

John Hogan Reports on the Latest from Goodell’s Alliance

March 8, 2008 johnhannah Leave a comment

The National Football League and National Football League Players Association announced an “expanded disability benefits program” through a press release on February 29, 2008.  A copy of the release may be viewed by clicking HEREThe changes to the disability plan were reviewed at a downtown Washington law office during a meeting of the NFL Alliance on Thursday, February 28, 2008.  Ten “former players” attended the meeting, according to the press release, including Troy Vincent, who currently serves active players as NFLPA President.  Other attendees included Roger Goodell, Gene Upshaw, NFL Alumni President Frank Krauser, and Pro Football Hall of Fame President and Executive Director Steve Perry.

Through the press release, the NFL and union announced four agreements which they claim would “significantly expand eligibility for disability benefits and increase the amount of the benefit paid to certain recipients.”

Here are the four agreements listed in the press release along with analysis:

  • Agreement #1: A doubling of the minimum benefit post-career, non-football “total and permanent” disability from $20,000 to $40,000 per year for retired players who become disabled unrelated to football. Players would otherwise receive the full amount of their pension, if greater.

Analysis: The first agreement is unclear.  It appears this agreement refers to the “inactive” benefit, which is the lowest paying total and permanent disability benefit.  Section 5.1(d) of the Bert Bell/Pete Rozelle NFL Player Retirement Plan currently lists this benefit to be no less than $1,500 per month, which equates to $18,000 per year.  The NFLPA White Paper, which was created in 2007 by the Groom Law Group, also lists the minimum benefit as $18,000, not $20,000 as listed in the press release.This increase will double the benefit to former players collecting total and permanent disability benefits for “post-career, non-football” disabilities.  It only applies to players who become disabled outside of the game of football.  This change does nothing to address the needs of players who become disabled due to their NFL related injuries.   

  • Agreement #2: Players who took their NFL pension early, and are therefore ineligible to apply for and receive disability benefits, will be offered a new one-time opportunity to apply for total and permanent disability benefits. These players may establish their disability through either a medical examination or by a total and permanent disability determination from Social Security. The opportunity to apply for benefits will begin on April 1, 2008. Applications will be accepted through July 31, 2008.

Analysis: Many times players are forced to pay the medical bills related to their NFL injuries after their football careers have ended.  This financial burden is a cause for players to take an early pension.  In 2005, Carl Prine of The Pittsburgh Tribune-Review reported that former Raider great and NFL Hall of Famer Jim Otto spent more than $500,000 of his own money to treat his post-NFL health issues.  Former Pro Bowl player Dave Pear reports that he has also spent over a half million dollars out of his own pocket treating his NFL related health issues.  This second agreement will give some former players an opportunity to apply for disability benefits within a four month window.  These players would not have had this opportunity under current NFL Retirement Plan rules.  It is critical that the NFL and the union spread the word about this brief four month window as quickly as possible to the players it may affect.During a recent interview, NFLPA Executive Director Gene Upshaw gave incorrect information telling The Washington Post that such an agreement would be illegal.  “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,” Upshaw stated referring to former NFL player Dave Pear.  If Upshaw is not aware of what can be negotiated at the bargaining table it puts all players, active and retired, at a disadvantage during negotiations.

  • Agreement #3: Players who have received a total and permanent disability determination from Social Security will not need to separately establish disability under the NFL plan. Players who were denied benefits under the NFL plan but have subsequently been found disabled by Social Security may have their NFL cases reconsidered. The other good news for retired NFL players is that NFL disability awards are not offset by the amount of any award paid by Social Security.

Analysis: This agreement was first announced in June of 2007 and, hopefully, it will be applied to NFL disability applicants in the near future.  The wording of the agreement number three is not as strong as the wording used by NFL and union representatives during the congressional hearings of 2007.  In June of 2007, NFLPA representative Doug Ell testified to the Subcommittee on Commercial and Administrative Law that the NFL and NFLPA “recently agreed to immediately grant T[otal]&P[ermanent] benefits to players already receiving social security disability benefits.” The press release states that “players who were denied benefits under the NFL plan but have subsequently been found disabled by Social Security may have their NFL cases reconsidered.”  Reconsidered does not mean “to immediately grant”.  Is this third agreement consistent with the congressional testimony given?

Current NFL Plan rules allow up to 42 months of retroactive benefits.  Will the NFL plan pay up to 42 months of retroactive benefits to former players who have been approved for Social Security disability benefits in the past, but denied their NFL disability benefits?  Will players who qualify for Social Security disability benefits be awarded “football degenerative” benefits or will these players be awarded the lowest paying “inactive” benefit? 

It can often take years to be approved for Social Security disability benefits.  Under the Employee Retirement Income Security Act of 1974, the NFL Plan must make determinations on disability applications and appeals in a far shorter time period than decisions are usually made on Social Security Disability applications.  How will the NFL Disability Plan address the difference in the length of time in which they are mandated to reach a decision on an NFL disability application versus the often longer period of time it can take to receive a decision on Social Security disability?

Les Carpenter of The Washington Post penned an article on June 21, 2007, which describes how the NFL Disability Plan spent more than $140,000 of plan assets to prevent the Social Security standard from being applied to NFL disability claims.

  • Agreement #4: The time within which to apply for line of duty disability benefits has been lengthened from the current 48-month period to 48 months or the player’s actual number of credited seasons. For example, a 10-year veteran would have 10, rather than, as previously, four years, to apply for this benefit.

Analysis: The last of the four agreements should help some players who played longer than four seasons and choose to apply for “line of duty” disability benefits.  This agreement will not effect the majority of players since the average NFL career lasts about three and a half seasons, according to the NFLPA website. The Retirement Board could use this expanded time frame to the detriment of disabled players.  The “line of duty” benefit is a partial disability benefit.  In the past, the NFL plan could only award the partial disability benefit if the application was filed within 48 months.  Now, depending on the length of an NFL player’s career, there is a potentially longer period of time in which the partial disability benefit could be awarded.  The minimum partial disability award for the “line of duty” benefit is $12,000 per year.

Prior to the announcement of these four agreements, the only disability benefit a former player under age 45 could receive after 48 months of ceasing to be an active player for injuries arising “out of League football activities” was the “degenerative” benefit.  This benefit pays $110,000 per year.  Instead of awarding the larger “degenerative” benefit to a player who applies for disability benefits after 48 months with football related injuries, the Retirement Board could now award a former player the lower paying “line of duty” disability benefit, which lasts a maximum ninety months.  This agreement gives the NFL Disability Plan more opportunities to award a partial disability benefit when the possibility exists that an award for the higher paying “degenerative” benefit would be more fitting.

It is hoped that these four changes will provide some aid to retired players.  There are many questions left to be answered before a true assessment can be made on these changes.  Currently, only 2% of retired players receive any type of NFL disability benefit, partial or permanent.  This is a major area of concern.  There is speculation that these changes are being made to create the appearance that no legislative action is needed for the NFL Retirement Plan to operate in an equitable fashion.  The House Judiciary Committee has requested a Congressional Research Service report which is due to be completed soon.  Any legislative action to be taken will likely be based on the results of this report.

The four changes to the disability plan should be some source of inspiration for players who have voiced opinions of the current NFL Retirement Plan.  The changes indicate that players voicing their opinions can initiate change.  However, the problems will not be corrected merely with amendments to the Plan document.  The administration of the plan must be addressed as well.

Dave Pear – The Continuing Saga

March 7, 2008 johnhannah Leave a comment

From: “Dave Pear”

 

Date: Thu, 6 Mar 2008 14:55:53

To:”M.E. Davis”

Subject: Re: Dave Pear

  

Dear Tony,

 Thanks for the support.

Sincerely,

Dave & Heidi Pear

web site; davepear.com

 

On Thu, Mar 6, 2008 at 2:47 PM, M.E. Davis wrote:

Mr. Anillo,

 Noticed that I addressed you in a respectful manner. This

 is the manner I was taught by my parents. This statement from you, to my

fellow NFL Retiree, Dave Pear, does not display the same respect nor class.

 “We can only explain this to you; we cannot make you understand it.”

 

Very truly yours,

 

Alvaro 1. Anillo

cc: Roger Goodell

      Gene Upshaw

 

   Let me suggest to you that the accomplishments of Mr. Pear, in the

 professional arena of the NFL earned him a respect among those who played

 with him and against him that you need to follow.  Your condescending

 statement reveals you as the type of person who needs to be taught the

 meaning of respect. This man has paid for his efforts on the field with the

 kind of health that you should pray never comes to you. This condition was

 caused on the NFL football field. If you have not already done it, may I

 suggest you apologize to Mr. Pear. You and your firms handling of his

 information search borders on illegal but it is damn sure immoral. Crazy

 thing this business, the Union that represents us hires you to fight

 us…..What  goes around will come around…

 Tony Davis

 NFL Retiree