Dave Pear’s Official Blog

We felt it was appropriate to wait until Labor Day to post a comment and link to the beginning of what is shaping up to be a comprehensive series on the basics of disability benefits in the NFL. Ed Miller of The Virginian Pilot wrote the first part Seeking Basic Benefits With Dignity (Part One) this past Friday. For any of you who may just be finding out about all of this now, it’s a great place to learn many of the different sides to the story that’s becoming even more intriguing with the recent passing of NFLPA union head, Gene Upshaw. The piece is well-written and backed with some solid stats and research. We can only hope it adds to the renewed calls for reform.

You can read the entire piece by clicking HERE. Here’s a clip from Ed Miller’s article:

“Football takes its toll. A 144-page Congressional Research Service report titled “Former NFL players: Disabilities, Benefits and Related Issues” opens with a classic understatement summarizing both the allure and the cost of the game:

“Professional Football is a very popular sport, and the physical nature of the game of football is part of its appeal, but at the same time, playing the game can exact a physical and mental toll on players. Violent collisions, as well as other aspects of the sport, can and do cause injuries.”

The NFL is indeed as popular as ever. Annual revenue approached $8 billion last year. In a 2005 Harris Poll, fans chose football as their favorite sport, outpolling baseball, basketball and auto racing combined.

Injuries in the NFL occur at a rate eight times higher than any other major pro sport, according to the U.S. Department of Labor.

Yet, of the nearly 8,000 eligible retired players, 224 were receiving long-term disability benefits as of October, the NFL Player s Association reported to Congress. It’s a small percentage for any industry, “much less one as physically demanding as professional football,” U.S. Rep. Linda Sanchez of California said at a hearing last summer.

The NFL’s disability system is broken, its many critics say. It’s a subject that sparks outrage among some retired players, who charge both the league and the players union with colluding to deny payments to former players.

“Delay, deny and hope they die,” said Brent Boyd, a former Minnesota Vikings player who has testified before both houses of Congress.

“The disability system is so completely busted and so wrong, it doesn’t need a tweak here or there; you’ve got to blow it up,” said Bruce Laird, a former Baltimore Colts safety who started an organization called Fourth and Goal to push for changes to the pension and disability systems and to assist retired players who are in need.

Boyd and his UCLA teammate Kenny Easley, a former NFL star from Chesapeake, started an organization called Dignity After Football, to lobby for the rights of retired players. At least a half-dozen other, similar organizations have cropped up.

To Sanchez, the crux of the matter is simple:

“Is the NFL, a multibillion-dollar organization, fairly treating the employees who built it?”"

And some additional clips from the story:

NFL injuries
Injuries in the National Football League occur at a rate eight times higher than any other major pro sport, according to the U.S. Department of Labor.

NFL aid

Of the nearly 8,000 eligible retired players, 224 were receiving long-term disability benefits as of October, the NFL Players Association reported.

Player income
Roger Anderson’s NFL salary peaked at $27,000, good money in the late 1960s but not the millions players make today. He had a home in the city in which he played and another in his hometown.

Related: Low pensions also a problem
Related: Caught up in red tape
Related: Concussions a lifelong problem

As most of you already know, the class action lawsuit with Herb Adderley, Bernie Parrish, Walt Roberts et al vs. Players Inc. (NFLPA subsidiary) was temporarily suspended because of the sudden departure of Gene Upshaw. Sources tell us that the trial has now been officially re-scheduled for Oct. 20th.

With Gene Upshaw now gone to a different place, the NFLPA and its management have a unique, once-in-a-lifetime opportunity to bring about a lot of long overdue changes. We can only hope that everyone sees it that way and will take advantage of the short window that’s now open in a vacuum that comes from decades under an unchallenged dictatorship. Without the need to get into mudslinging and finger-pointing, I think everyone will agree that no one can fill Gene Upshaw’s shoes for better or for worse. He takes with him his own way of doing things and - without a well-groomed heir apparent in place - most of us believe that many of the reasons behind the old way of doing things will also be lost forever.

So the opportunity that’s staring us in the face right now is a rare chance to get a lot of the right things done that couldn’t be done before. Especially some of those things that made absolutely no sense other than “because I said so.”

We can only hope that all of us - the NFL and its owners, along with the NFLPA, the current and retired players AND the retired, disabled players - can finally all sit down and have a long, honest discussion that’s been overdue. As the Chairman of the Retirement Board, we hope that Commissioner Goodell will feel emboldened to step forward and right decades of wrongs that have gone on too long.

Unfortunately, even as things are unfolding, the old way of doing things is still rearing its ugly head. My disability attorney, John Hogan, sent a response to Harold Henderson who wrote that the NFL Management Council would not be making any additional changes to the Bert Bell/Pete Rozelle Disability Plan until a new CBA is reached or the current one extended (?!!).

John’s entire 3-page letter is posted below (with John’s approval) and I think it pretty much says it all. (UPDATE: We just decided it would do John Hogan’s suggestions more justice by simply posting his letter directly in the post.).

August 25, 2008

Mr. Harold R. Henderson
Executive Vice President
National Football League
Management Council
New York, New York 10017

Dear Mr. Henderson,

Thank you for your letter of August 5th, responding to the disability proposals submitted by the Retired Football Players Association. We appreciation the consideration you and Commissioner Goodell gave to them.

However, the RFPA, and most retired NFL players are very disappointed that there will be further, and perhaps lengthy, delays until the Bell/Rozelle disability system is reformed. We all understand the ramifications of the CBA, but we were hopeful that the League would champion the cause of the men who helped make NFL football the great game that it is today - not to mention the incredibly profitable enterprise - but who find themselves disabled.

Waiting until the new CBA is reached to reform the disability process will be little comfort for those players and their families who, until then, may face foreclosure, automobile repossession, selling off possessions and bankruptcy as a result of their disabilities and medical costs.

With all due respect, the Commissioner and the NFL do in fact have the power and authority to bring about a significant reform of the Bell/Rozelle NFL disability system without the need for any change to the CBA. The Commissioner, as ex-officio chairman of the Retirement Board, can bring about an immediate substantive change by counseling the Management Council appointed members of the Retirement Board and the Disability Initial Claims Committee (”DICC”) to follow the letter and intent of ERISA disability claim regulations and the Plan itself.

While the NFLPA and their attorneys have taken most of the heat for the failings of the Plan’s disability evaluations, in my experience, it is the members appointed by the NFL Management Council who are most culpable for the problems which ensue.

Plan Section 8.8 requires that every member of the DICC and Retirement Board owes a fiduciary duty of loyalty and care to the Players and their beneficiaries; yet, as a matter of course, they routinely vote to deny and delay claims even in the face of uncontrovertible medical evidence. Routinely, players are denied upon the votes of your members, even after one or more favorable reports from the Plan’s own neutral physicians.

The Plan frequently fails to follow ERISA requirements when a claim is denied by the DICC with little more than a “thumbs down” or a brief, conclusory statement of denial. A deadlocked vote of the DICC is not a sufficient explanation under ERISA to put a player on notice as to the deficiency of his claim.

Disability appeals governed by ERISA are not meant to be a gauntlet of exams or a guessing game by the claimant about what is required to prove his case. Any legitimate deficiency in a player’s initial application needs to be explained to him so that he has the chance to remedy the defect. If he does so, the claim should be granted.

Doug Ell has indicated to Congress and the Supreme Court that ERISA due process requires an additional neutral physician examination on appeal. This is a significant distortion of the requirement that any medical expert used on appeal be independent of any medical expert whose opinion was relied upon for the initial determination. ERISA does not mandate the use of any experts, and they do not need to be examining physicians. More importantly, this regulations presupposes that the medical judgment relied upon at the initial level was unfavorable to the player. The favorable opinion of the Plan’s own carefully chosen expert neutral physicians should only be rejected for significant and legitimate reasons.

At the Retirement Board level, appeals should not be delayed for unnecessary additional neutral physician exams in the hope that an unfavorable opinion might crop up to help defeat the claim. The Board members representing the Management Council should be required to provide specific, legitimate reasons for ordering further neutral exams or a MAP evaluation.

Under the Plan, the MAP is to be an advisor not an examining physician. Only a MAP can decide whether any additional examinations or tests should be administered. (Sec.11.4(b)) It is a perversion of the Plan for the Management Council members of the Board to vote against a claim in the face of fully favorable medical opinions by requesting a MAP examination, in hopes of obtaining an unfavorable determination to deny a claim. Indeed, it may well be an ERISA violation for the Retirement Board to abrogate their duty to give the claim a full and fair review on appeal when they use a MAP’s opinion as binding.

Surely the purpose, under the CBA, of having both the NFL and NFLPA equally represented on the DICC and Retirement Board is to serve as a system of checks and balances.

The Bell/Rozelle NFL disability system should not be a “give away” program for every retired player suffering routine aches and pains. On the other hand, the NFL appointed members cannot be allowed to continue to routinely delay, obfuscate and deny legitimate claims.

You and Commissioner Goodell do not have to wait for a CBA extension to remedy these serious flaws in the adjudication of disability claims under the Bell/Rozelle NFL Retirement Plan. The above defects can be corrected immediately.

Should the retired NFL player community learn that the Commissioner has instructed that such improvement occur, we will be much more optimistic that additional meaningful changes to the disability Plan will be advocated when the CBA is extended or a new agreement reached.

Thank you for your consideration.

Sincerely,
John V. Hogan

JVH/sy

And THIS just in from the PressBox, a Baltimore sports blog (click HERE to read the entire piece):

“WILL UPSHAW DEATH SWAY NFLPA STAND?

It has been a week since Gene Upshaw died suddenly from pancreatic cancer, and as the NFL prepares for the kickoff to another season, there are many questions and controversies lingering in the wake of his death. It all makes for a difficult legacy for the Hall of Fame guard who was both beloved and despised.

======

Whatever the case, the union’s new leadership and the NFL owners all would do well to get their acts together for the coming labor wars. Without mutual respect, open communication and resolution, there will be no future golden eggs for them to quarrel over.”

Months back, just before Dave went in for his hip replacement surgery, we received a threatening comment from an “anonymous” source. As it turned out, we managed to trace the IP address of the source back to the law offices of Akin Gump, the attorneys for the NFLPA (or was it the NFL?). In any event, we did eventually receive a couple of letters acknowledging the origin and subsequent consequences of that ridiculous distraction. (You can go back and read that piece by clicking HERE.)

So just a week ago on Friday, Aug. 15th at 4:33 pm, after posting the latest piece from Sharon and Wayne Hawkins (click HERE to read it) earlier in the day (with our Perp Walk picture), Dave received a short, 10-second message in his voicemail. And, of course, the identity of the sender was blocked on Caller ID (but we’ve already been working on it).

In the meanwhile, we thought we may as well post it up for all of you to hear (the message is completely unaltered except amplified volume so you can hear everything clearly). To hear the clip, just click on the Play arrow below:

We can make out eight distinct gunshots and there are voices right after the fifth gunshot that are indistinguishable without some additional enhancement from some of our friends with high-end sound equipment. Ah, it’s a whole new world now with the Internet and all the wonderful technology that comes along with it. Quite frankly, we wonder why some people even bother playing such stupid games when it’s so easy to get busted these days…

NFLPA Director, Gene Upshaw, passed away at home yesterday in Lake Tahoe, California. He had been diagnosed with advanced pancreatic cancer just this past Sunday. He was 63. Our condolences go out to his family.

After weeks of wrangling and pestering the Commissioner and everyone else who will listen, my attorney, John Hogan, finally got a letter from Paul Scott regarding the deductions taken from my monthly disability check. (Click on an image to enlarge it for easier reading.)

With no further explanation from the NFLPA and Paul Scott, we did a little more investigation on how our Union came up with an actuarial number for my wife and me of .894 (!); HINT: you need insurance people to come up with actuarial numbers. This was used to calculate how much to deduct from my benefits for a policy that will supposedly ensure that my wife, Heidi, will receive my benefits when I pass away. That amounts to $353.40 a month or $4,240.80 a year for a policy that they say I signed on for and has never, ever been disclosed in any of my payments or plan (see an actual copy of a current statement by clicking HERE). Want to bet that I can probably find a cheaper policy somewhere else? Or how about me buying my own term life insurance for $50 a month?

But wait - as usual, it gets better. REALLY better (What else would you expect from these guys?). Our sources tell us that the company underwriting this policy and program is none other than AON Consulting (click to visit their website), apparently the same Chicago insurance company that has, along with companies such as Callan Investments, been responsible for over $150 million in poor investment losses for the NFLPA in recent years. And the Chairman and a director of AON also happen to be 19.7% owners of… The Chicago Bears (along with 80% owners, the McCaskey family), who also happen to have lost a lot of money over the past few years. Conflict-of-interest anyone? So it appears to be another cozy no-bid inside deal with the NFL that’s been forced on the retired players by the Gene Upshaw and the NFLPA. (Read more about side deals from Bernie Parrish’s post on April 15th by clicking HERE.)

I don’t know about you, but even without a business degree it doesn’t take much to figure out that these guys aren’t exactly rocket scientists when it comes to handling anyone’s money. They’re bleeding money all over the place and don’t exactly win my confidence for being the best financial advisers. Forget the fact that we weren’t even consulted on their choice as an insurance provider or told that it had been decided for us. How many of you other guys out there were told that you had money deducted for spousal survivorship? And how many surviving spouses are actually receiving these “guaranteed” benefits today? Oh - and did we mention Conflict-of-Interest?

If you take money from me, show me the Board meeting that approved of this action and the Company that will provide this policy. My statement clearly says NO Federal or State Deductions are taken out of my benefit. And I believe that not only do you have to itemize this deduction in all statements (monthly and annual), you also have to provide me with a copy of the policy in its entirety. Even my credit card company is required by law to provide me with a copy of its policy if I sign up for their credit protection insurance (at $5.00 a month!). And does this also mean that the NFLPA has also been deducting this premium from all of our pension checks for the past 25+ years?

I’m preparing to write a letter directly to the people at AON as well as the NFLPA and the Bert Bell/Pete Rozelle NFL Player Benefits group asking for an explanation and a copy of my fantastic “insurance policy.” I hope all of you other retired players reading this will also do the same. All I know is I sure don’t recall ever approving such a policy being deducted from my benefits nor do I ever remember seeing a copy of the policy let alone any documentation of any meetings where such important items are discussed and approved.

The New York Times - along with several blogs and sports writers elsewhere - published a great piece on Monday about the need for full disclosure of NFL salaries. The article also underscores the level of lobbying that the non-profit NFL has undertaken in recent years to avoid having to disclose such juicy information. We suppose it’s another having-your-cake-and-eating-it-too situation (but then again, Gene Upshaw would just say, “Let ‘em eat cake!”).

After years of enjoying antitrust protection, the NFL is finally getting called on their unique protection from close scrutiny. We’d love to know just how many free tickets have been given out to our Congressmen and Senators over the years…

But why stop at the NFL? Why not open up the books at the NFLPA while we’re at it?

The last two paragraphs in the article say it all:

“Marcus S. Owens, a Washington lawyer who led the I.R.S. Exempt Organizations Division from 1990 to 2000, said that salary disclosure had always been one of the most politically sensitive parts of Form 990.

“Over the years, organizations have played all sorts of games to try to avoid or minimize the disclosure,” Owens said in a telephone interview. “I frankly think, in terms of compensation, if you’re too embarrassed to have it public, it’s probably too high.”"

Click HERE to read the entire article.

We’ve been staying in touch with Sharon Hawkins after posting the documentation on her husband, Wayne Hawkins’ denial of Benefits from the NFLPA. In recent years, Wayne has been battling dementia, brought on by concussions from his 11+ years playing in the NFL.

Sharon has just informed us that Wayne has been in the hospital for the past 3 days with renal failure and heart problems. A large number of players may well have had better quality of life in their retirement years if the NFLPA and the NFL had managed to look after their own - even just a little - by spending just a little of the billions that have gone through their hands over the years. We understand that Sharon - like so many NFL wives - has been struggling to make ends meet even as she continues to be Wayne’s primary caregiver over the years.

Another Update just in from Sharon: “I just came back from sitting with Wayne. He had an Endoscopy this AM. It showed gastroenteritis, lining of stomach irritations, healing ulcer.

His blood pressure is finally normal. Taken 3 days to get there. Colonoscopy is tomorrow AM.

He may have broken a bone in his foot after a fall 2 weeks ago, as his ankle is terribly swollen. He passed out due to lack of enough oxygen to the brain. His heart pumps only at 30%!”

If any of you in the NFLPA have so much as a glimmer of decency in your hearts, you just might want to re-consider Wayne’s situation in the twilight of his life so that he and his family can spend it with the dignity they rightfully deserve. And earned it so that the rest of you can enjoy the lavish lifestyles that you openly flaunt as the stars you think yourselves to be. $250,000+ salaries for guys to run a dire need fund for desperate players who have finally hit the bottom after getting nothing from their union. $10 million+ annual salaries and bonuses to the men who run the NFLPA and the NFL and $20 million offers to simply keep a player from going off to play elsewhere. And how about multimillion dollar contracts to unproven rookies so agents can make their fat fees working under Gene Hog Upshaw?

Is my anger showing? I personally look forward to the day in the near future when we see the Perp Walk coming out of the NFLPA’s offices. I plan on being there on the sidewalk cheering.

Sharon Hawkins applied on behalf of her husband, Wayne Hawkins, for disability benefits under the recent program that closed on July 31, 2008. (Read about the original application by clicking HERE,)

Cryptically, Wayne got disqualified. Again.

While Wayne did receive a miserly early retirement pension of $201.36, it’s certainly one of the most shameful examples of how the NFLPA and the NFL treat the vast majority of its retired disabled players. Wayne Hawkins put in 11 years playing football, even getting on the field with Gene Upshaw at one point in his career.

Below are the 3 pages from Paul Scott, the Benefits Coordinator for the Bert Bell/Pete Rozelle NFL Player Retirement Fund, as well as the attached 3 pages outlining their Claims Procedure. (As always, you can click on each page to enlarge it for easier reading.)

With Gene Upshaw and Commissioner Goodell each receiving over $10 million a year in salaries and bonuses, along with players such as Brett Favre receiving $20 million offers NOT to play football, we can’t understand why good soldiers like Wayne Hawkins don’t even qualify for benefits.

The Milwaukee Journal Sentinal’s Bob Wolfley wrote about a recent interview with Paul Hornung on Sirius Radio’s The Opening Drive. Hornung was running back for the Green Bay Packers 1957 - 1966 and had recently undergone hip replacement surgery at 72. Here’s the clip:

“Former Packers running back Paul Hornung has had a hip replacement and said he now needs a new knee.

The Hall of Famer said Wednesday during an interview on Sirius NFL Radio that his kinds of ailments are common among the players who competed in the National Football League during his time.

Hornung, 72, played for Green Bay from 1957-’66.

“I look back on my career, I wouldn’t trade it for the world,” Hornung told “The Opening Drive” co-hosts Randy Cross and Dan Reeves. “But we didn’t have good doctors. Our doctor was (Vince) Lombardi, quite frankly. I mean, what the hell, if the bone wasn’t sticking out of the leg he felt you were ready to play.”

Hornung said many players from his era are in need of aid.

“I see all my teammates,” Hornung said. “Willie Wood can get around but not very well and he needs help. I’ve got five guys, my teammates, who need some help from the NFL. And you know what really peeved me about Green Bay? They offered Brett Favre ($20 million) just to hang around as an ambassador and we’ve got guys who played 10 and 12 years back then who don’t have enough money to operate, for heaven’s sakes. If you’ve got that much money just to give to a guy to show up at a game and be a Good Time Charlie then, damn it, they should try to take care of the players who played 10 or 12 years and need the money very badly.”"

Our good friend, Rob Thompson, has finally finished his new book, The Bills are Due, and it’s hot off the presses at last. Here’s the summary from Barnes & Noble’s site:

“Billy Shaw. Joe Ferguson. Fred Smerlas. Before the days of multi-million dollar contracts for unproven players, there were men like these. Men who built one of America’s most storied football franchises without expecting lucrative endorsement deals or $80 autograph fees.

In The Bills Are Due, Rob Thompson pays tribute to the generations of players who made the Buffalo Bills-and, by extension, western New York-what it is today. From the team’s AFL days right through the ’90s, it’s all here-the precision passing and thrilling touchdowns, as well as agonizing defeats-told by the players themselves. In interviews with legends like Mike Stratton, Jack Kemp and more, fans also catch a rare, behind-the-scenes and sometimes odd life as a Bill But this is more than a recounting of the team’s adolescence and memorable moments. Thompson’s personal reminiscences of his own youth brilliantly capture the historical milieu of the team’s “golden era”-and remind readers why they first fell for New York’s beloved Bills. Through it all, Thompson reveals the often-painful experiences of Bills in post-retirement-and urges NFL and players’ union leadership to establish equitable standards of compensation for the early gridiron warriors.”

Rob’s getting a royalty from sales of each book and he’s donating $ .76 of each sale to a fund set up by the Bills Alumni earmarked for former Bills in need. You can purchase your own copy of this great history of the Bills by clicking on the Barnes & Noble button below:

In another attempt to avoid the light of public scrutiny, the NFLPA took another run at overturning the scheduled Sept. 22nd Federal trial between Herb Adderley, Bernie Parrish, Walt Roberts et al vs. Players Inc. (NFLPA subsidiary). But Judge William Allsup rendered a decision today that cleared the case for trial, declaring, “There continues to exist a genuine issue of material fact as to whether the GLAs (Group Licensing Agreements) guaranteed retired players something more than empty promises.”

Watch the news over the next 24 hours for more coverage on this story. Earlier post on this trial can be read by clicking HERE. You can almost HEAR certain people sweating back at the NFLPA offices…

A lot of people are still barely aware of the lawsuit filed against the NFLPA and its subsidiary, Players Inc. Players Inc. has been the licensing arm of the NFLPA, allegedly set up to “represent” NFL players, past, present and future (Gee - does that sound familiar?) in the licensing of their images and the promotion of their respective teams. Any of you fans who have bought NFL merchandise - from jerseys and gear all the way down to your basic bubble gum cards - will already know that it’s all big business. You can’t produce anything with a team’s logo or a player’s likeness without the absolute consent of Players Inc. - along with a healthy licensing royalty - unless you want to see the inside of a courtroom under intense fire from their corporate attorneys!

The New York Times’ Alan Schwarz covered the initial filing in February, 2007 (read the entire article by clicking HERE). Here’s a little detail on the scale of their licensing revenues:

“According to a news release from Players Inc. last month, the organization, formed in 1994, handles $750 million in retail licensing business on behalf of all 1,800 current players as well as 3,500 retired players, generating more than $100 million in annual revenue. While no specifics were offered, it is common industry knowledge that the vast majority of the revenue derives from the use of the names and likenesses of active players.“

The start of the trial is finally set for September 22, 2008 in San Francisco and several other players have also been called to testify in this first step towardstransparency in the actions of the NFLPA and Players Inc. The suit is led by Bernie Parrish, Herb Adderley and Walter Roberts, with a cast that will also include testimony from Gene Upshaw and Commissioner Roger Goodell. The old “But I was out of the country” excuse will not work in this trial like it did for Congress. So it should prove to be an interesting case that gets a lot of media coverage. For those of you who are interested, we found a legal documents site (Justia) that has most of the filings available for reading (click HERE to access the case files). (CAVEAT: There are lots of Motions and counter filings, probably close to a hundred - you’ll need a long evening to get through it all!)

And here’s Jeff Nixon’s open letter to the members at large (posted on Fourth and Goal), urging all players to send along their words of encouragement to Bernie, Herb and Walter:

Dear Alumni:

The trial date for the Class Action lawsuit filed by Herb Adderley, Bernie Parrish and Walter Roberts against the NFLPA and Players, Inc. is set for September 22, 2008. It will begin at 9:00 am in the Federal Courthouse on Golden Gate Avenue, San Fransisco, CA. There are currently 2,100 former players who signed a group licensing agreement with the NFLPA that are a party to this lawsuit.

It took a lot of courage and sacrifice for these 3 men to stand up to the Union and hold them accountable… and all retired players owe them a debt of gratitude.

Right now, and especially during the trial, we need to support these guys in every way possible. If you can attend any of the court sessions it would be very helpful to the cause. The trial will last for about two weeks. You can bet your bottom dollar that the TV Networks will be all over this story and therefore it is important to have some of our alumni present both inside and outside the Courthouse. If you are a former player and live in the vicinity of San Francisco, do your best to get there. California has the largest number of retired players in the Nation.

Whether we win or lose, the fact that the books will be opened and the “discovery” part of the lawsuit will become public knowledge will be a real eye-opener for many people. This action also lets the “powers that be” know that they can no longer operate in a vacuum of secrecy and silence.

In closing, I think we should also thank the lawfirm of Manett, Phelps & Phillips for taking on this case. This was an uphill battle from the start, but they have performed magnificently just getting this to trial. You never know how much you really like lawyers …until you need one.

“As long as the world shall last there will be wrongs, and if no man objected and no man rebelled, those wrongs would last forever.” - Clarence Darrow.

On behalf of the 2,100 - and all retired professional football players - Thank you Herb, Bernie and Walter for your objections and your rebellion!

Sincerely,
Jeff Nixon
Buffalo Bills Alumnus
Board Member - Fourth & Goal

P.S. Please send Herb, Bernie and Walter a message to let them know you stand with them.

Herb: HerbAdderley26@aol.com
Bernie: bpp12@yahoo.com
Walter: walt272002@yahoo.com

Well, the statement for my August T&P Disability Benefit arrived in the mail today and it’s business as usual. The Benefits fund has deposited another $2,980.60 directly into my bank account and it’s another $352.73 short of the $3,333.33 that they’re supposed to be paying me (based on $40,000 ÷ 12 = $3,333.33). And there’s still absolutely no explanation on their monthly statement that tells me how they arrived at their payment or where the $352.73 went to!

Here’s a copy of that statement (you can click on the image to enlarge it):

And there is absolutely NO doubt that they know I have no federal or state withholding as it’s clearly stated at the bottom of the statement.

And still no explanation or answers back from Paul Scott, the Benefits office, Commissioner Goodell or even our friends over at Akin Gump and The Groom Law Group.

After posting a request for Simple Answers to Simple Questions (click HERE to read that post) on July 22nd and 6 requests directly to Commissioner Goodell, I finally received this e-mail response yesterday from Larry Lamade at Akin Gump:

David,

You have posted below a letter dated June 25, 2008 from your attorney John Hogan to Mr. Paul Scott of the Bert Bell/Pete Rozelle Plan Office. Mr. Hogan requested, on your behalf, an explanation of the calculations of your benefit. I took it upon myself to call Paul Scott and ask where they were in the process of responding to Mr. Hogan’s request. He told me that you had been asked to verify in writing that Mr. Hogan was representing you which you recently did. Now that they have received this verification, they informed me that they are working on a response to your request.

As you can imagine the Plan Office has been extremely busy processing applications from former players who are making applications for benefits during the special “window” period. They are working as quickly as they can but they have received a number of new applications.

I believe that asking your attorney to request information about your benefits from the Plan Office is the appropriate and quickest way for you to receive information. I encourage you to use this method in the future.

I hope that you are making a rapid recovery from your surgery.

Larry Lamade

All I wanted to find out was how they calculated what was supposed to be a simple monthly disability check that should not have had any deductions taken out of it. There’s an unitemized shortfall - deduction - of $352.73 on my monthly benefit payment and by law (and also likely by Union rules), I’m entitled to a detailed explanation of any and all deductions. One would expect such information to be right at their fingertips. Why I’m being given such a runaround is beyond comprehension and it’s given me cause to wonder how pensions and benefits are actually calculated for all retired players. Several other retired players have also informed me that they have never been given any explanation on how their benefits were calculated nor have they even been told about possible deductions that may or may not have been taken out of their monthly payments.

So now I’ve sent my request directly and my attorney, John Hogan, has also officially requested this information formally (after confirming - once again - that he is indeed my attorney). I wonder if it will take an act of Congress to provide me with information that should have been available as a matter of law. And the Front Cover of the Bert Bell/Pete Rozelle Plan itself tells us that any questions should be directed to the Plan office for answers, yet they keep referring us to NFL and NFLPA attorneys instead. (Click on the image to enlarge it.)