RetiredPlayers.Org

According to a press release from the Gridiron Greats organization, hundreds of current NFL players will donate a portion of their December 23, 2007, game checks in conjunction with Gridiron Guardian Sunday.  The donations will be used to fund financial aid and social services for retired NFL players in need.  One hundred percent of the players’ donations will be used to aid retired NFL players.

Offensive tackle Kyle Turley of the Kansas City Chiefs created Gridiron Guardian Sunday and has pledged to donate his $25,000 game check from the Chiefs-Detroit Lions game on December 23.  Turley wanted a way for current NFL players to give back to the players that came before them.

“When I launched this project I had no idea what kind of participation it would get.  I am humbled and proud that so many of my colleagues around the league have reached out to help,” said Kyle Turley.  “I coordinated this effort to help provide medicine, medical care, clothing, food and shelter to retired NFL players who are in dire need.  I felt I had to do something to help.  I am so appreciative of the support this project has gotten.  In this holiday season of giving, it is heartwarming to know that we will be able to impact the lives of so many of our brothers in need.”

Many players from around the NFL have signed up to participate in the effort including: Matt Birk, Steve Hutchinson, Anthony Herrera, Ryan Cook, Marcus Johnson, and Ben Leber, of the Minnesota Vikings; Larry Johnson, Jared Allen, Tony Gonzales, Ty Law, John Welbourn, Eddie Kennison, John Carney, and Donnie Edwards of the Kansas City Chiefs; Ephraim Salaam of the Houston Texans; Kawika Mitchell of the New York Giants; Darwin Walker of the Chicago Bears; Jacob Bell and Rich Scanlon of the Tennessee Titans; and Marques Douglas of the San Francisco 49ers.  Hundreds of others have also committed but choose to remain anonymous.

“I feel like this is the right thing to do; players and owners today all prosper because of the men that came before them.  Many are suffering through no fault of their own,” said Matt Birk of the Minnesota Vikings.  “This is an epidemic that is affecting retired players and their families, from all eras; I see this as a humanitarian issue.  When I came into the league I was told that the NFL is a brotherhood and we would always be part of that brotherhood, so it’s only right for us to help our brothers.”

The NFL and NFLPA announced changes to the disability plan that they claim will streamline the process for players seeking disability benefits.  In a December 12, 2007, article in The New York Times, Gene Upshaw outlined six changes to the disability plan as a result of a review conducted by an outside company.  The union and league claim the intent of the changes is to speed up both the application and appeal process of the NFL’s disability plan.  None of the six changes address the fact that only two percent of former players currently receive any type of NFL disability benefit even though the NFL is widely considered the most brutal major American professional sports league.

Once a player has submitted an application for disability benefits, he is sent for an “Initial Medical Examination”.  The player is then examined by a “neutral physician” who provides a written report on the players condition.  According to page 10 of the NFLPA “White Paper”, “These physicians are called neutral physicians because they are appointed jointly by the Retirement Board members appointed by the Players Association and the NFL.” The “neutral physician’s” report is then reviewed by a two person Disability Initial Claims Committee who then make a decision on the applicant’s claim.

If an applicant is dissatisified with the decision of the Disability Initial Claims Committee, he can then appeal the decision to the six member Retirement Board.  Upon appeal, the applicant is sent to at least one more doctor for examination before the appeal is presented for a vote by the Retirement Board.  If there is a deadlock vote of three Retirement Board members voting to award a disability benefit and three voting against awarding the benefit, the decision is “almost always” decided by the review of a Medical Advisory Physician.

According to pages 11 and 12 of the NFLPA “White Paper”, “If the dispute is over a medical issue, such as whether a player medically is substantially unable to work, either side (the player-appointed trustees or the management-appointed trustees) can send the player to one of the Plan’s top, pre-approved, neutral three doctors. These doctors are called “Medical Advisory Physicians(“MAPs”), and their medical decisions are binding on the Retirement Board. This final review will almost always resolve any deadlock between voting trustees.”

Are these physicians truly neutral toward the applicant merely because the members of the Retirement Board have appointed a doctor to be a “neutral physician”?

Dr. Bernard Bach is one of three “Medical Advisory Physicians” for the NFL disability plan.  According to page 12 of Dr. Bach’s curriculum vitae, he once worked as a team physician for the New York Giants.   Team physicians are employees of team owners.  Why would the three union trustees appointed by Gene Upshaw allow a doctor, who was once employed by an NFL team owner, to make a “binding” decision on a player’s application for disability benefits?  Can this doctor truly be considered “neutral” toward a player applicant if he was once employed by a team owner?  Wouldn’t it be prudent to appoint a doctor without this potential conflict of interest to serve as a “Medical Advisory Physician”?

Page 39 of Dr. Bach’s résumé states that he made presentations at NFL Disability Training Program’s.  Is there any special training needed to rate the level of disability of a former NFL player, as opposed to a disabled employee in another industry?  What type of training creates a system where only 2 percent of all retired players are able to qualify for any type of NFL disability benefit?  We are hoping these are questions that Congress will want answered.

While changes to the NFL disability plan are a vital step toward correcting the existing problems, it is even more important to have the proper people in place to implement and administer the plan.  These are additional issues that must be addressed.

• While appearing on the HBO show CostasNow, tennis legend John McEnroe said he was inspired by Kansas City Chief Kyle Turley’s Gridiron Guardian Sunday initiative and will donate $25,000 toward the cause. McEnroe’s action prompted former NBA player Charles Barkley, who was also appearing on the show, and show host Bob Costas to match the donation.

• Several former and current Minnesota Vikings players held a press conference on December 11, 2007, to discuss the issues that retired NFL players face.  More active players, including Minnesota Vikings players Matt Birk, Steve Hutchinson, Anthony Herrera, Ryan Cook, Marcus Johnson and Ben Leber, announced plans to donate a portion of their game checks in support of Gridiron Guardian Sunday.  Others on the list of NFL players who will donate include Chiefs guard John Welbourn, Houston Texans offensive tackle Ephraim Salaam and New York Giants linebacker Kawika Mitchell. Earlier, Kyle Turley said that San Diego Chargers running back LaDainian Tomlinson, Chiefs running back Larry Johnson and Chiefs tight end Tony Gonzales also were going to take part.

An earlier post addressed the number of retired NFL players eligible to apply for NFL disability benefits, we now move on to address the number of retired NFL players actually receiving NFL disability benefits.

The Honorable Linda Sanchez is the Chairwoman of the House Judiciary Subcommittee on Commercial and Administrative Law.  On June 26, 2007, in her opening statement for the oversight hearing on the National Football League’s system for compensating retired NFL players, Chairwoman Sanchez noted “half of all players retire because of injury, sixty percent of players suffer a concussion, at least one quarter of players suffer multiple concussions, and nearly two-thirds suffer an injury serious enough to sideline them for at least half of a football season.”  Chairwoman Sanchez also added, “The NFL is considered to be the most brutal major American professional sports league.”

With the NFL considered “the most brutal major American professional sports league”, there seems to be a remarkably low number of players receiving NFL disability benefits.   According to page six of the NFLPA “White Paper”, only 317 players currently receive any type of NFL disability benefit.  NFLPA Executive Director Gene Upshaw states “there are over 13,000 retired NFL players alive today.” Using these two numbers we can calculate that only 2 percent of retired NFL players receive any type of NFL disability benefit.

• On December 4, 2007, ESPN reporter Peter Keating penned an article titled, “Congress questions NFL record-keeping on disabled players”.  The article updates the progress of the Congressional Research Service report.  “Neither the NFL nor the NFLPA keeps data on players who retire due to injury, a simple fact that I find amazing,” Rep. Linda Sanchez, D-Calif., who chairs the House Subcommittee on Commercial and Administrative Law, told ESPN.com. “Sometimes you don’t keep track of something when you don’t want to know what the answers are.”

Current Kansas City Chiefs offensive lineman Kyle Turley was a guest on The Jim Rome Show today, December 4, 2007.  Turley spoke about his participation in “Gridiron Guardian Sunday”, when he will donate his entire game check from the December 23, 2007, Chiefs – Lions game to the Gridiron Greats Assistance Fund.  The assistance fund provides financial assistance and coordination of social services to retired NFL players.

In a letter to be distributed within all NFL locker rooms, Turley has asked other players to join him in donating a portion of their game checks on “Gridiron Guardian Sunday”.  On The Jim Rome Show, Turley revealed a trio of high profile current NFL players he has spoken with who will join him in support of retired players’ issues.  The players he named are 2006 NFL Most Valuable Player LaDainian Tomlinson, Chicago Bears six-time Pro Bowl center Olin Kreutz, and Minnesota Vikings five-time Pro Bowl center Matt Birk.

“I’ve got a tremendous response from guys around the league, guys I’ve contacted, personal friends.  They are all in support of this issue.  We just played the Chargers over the weekend, LaDainian and a bunch of the linemen came up to me and they are going to be in support of this issue.  Many guys feel strongly about this, Matt Birk in Minnesota, Olin Kreutz in Chicago.  The names are starting to come out,” Turley told host Jim Rome.

Both Turley and Birk have been outspoken critics of current NFLPA Executive Director Gene Upshaw.

Kansas City Chiefs offensive lineman Kyle Turley has announced he will donate his entire game check from the Chiefs – Lions game on December 23, 2007 to the Gridiron Greats.  The pre-tax amount of Turley’s game check is roughly $42,000.  Gridiron Greats is a non-profit organization which provides financial assistance and social services to retired NFL players in dire need.  In a press conference on Tuesday, November 27, 2007, Turley called upon other current players to join him in donating a portion of their game checks to the cause.  The initiative is being called “Gridiron Guardian Sunday”.

Turley, a nine-year NFL veteran, said 15 to 20 players have already pledged part or all of their December 23 game checks in conjunction with Gridiron Guardian Sunday.

“They are the leaders of their teams, and I hope they stand up when their local media asks question about this,” Turley says. “I hope they educate the younger guys about why we are doing this.”

Turley has written a letter explaining the issues that will be distributed to every team’s locker room prior to December 23.

There has been much attention focused on the NFL disability plan this year as the dispute between retired players, the NFL, and NFLPA made it’s way before Congress.  Turley has been surprised by the lack of action from Gene Upshaw and the union.  “Gene just seems to be hoping that these [old players] simply fade away,” Turley said.

The NFL disability issue is nothing new to Turley.  Three years ago, after major back surgery and being released by the St. Louis Rams, he applied for NFL disability benefits and was promptly denied.  Turley said there was solid medical evidence in support of his claim for NFL disability benefits.

While the amount of money Turley is donating is significant, his speaking out on the issue is even more significant.  With active players having the ability to elect union leadership, today’s players have the ability to make a strong statement about the current union leadership’s handling of both active and retired players’ health issues.

In the third annual SportsBusiness Journal/SportsBusiness Daily Reader Survey, readers voted compensation for retired players as the biggest challenge facing the National Football League in the coming year.  Twenty-three and a half percent of the readers participating in the survey felt retired players issues posed a larger challenge to the league than revenue sharing and even maintaining labor peace.  Results of the survey were published November 26, 2007.

The wide margin of victory shows the need for the NFL and NFLPA to address the pension and disability issues facing retired players.  The league also has other very significant issues to tend with in the coming year.  Survey participants felt those issues were less important than compensation for retired players.  Owners have the ability to opt out of the current Collective Bargaining Agreement by sending a letter of termination by November 8, 2008.

Street & Smith’s SportsBusiness Journal is a periodical that is published forty-nine times a year.  The magazine caters to business executives across the sports industry.  The participants in the survey were not casual sports fans; they were primarily executives who are very familiar with the business side of the sports industry.

It was announced today that a group of current NFL players will announce a “ground breaking initiative” during a press conference hosted by former NFL great Mike Ditka and the Gridiron Greats Assistance Fund.  The press conference is set to take place on Tuesday, November 27, 2007, at 10:00 a.m. at a restaurant owned by Mike Ditka in Chicago.

The Gridiron Greats press release states, “The event marks the first time an organized group of NFL players will speak out about and take action regarding the catastrophic conditions facing many retired NFL players due to the inadequate disability and benefits program provided by the National Football League Players Association (NFLPA).

The initiative being announced was created by an active, nine-year-veteran of the NFL.”

It appears the increased attention being placed on the NFL and NFLPA’s treatment of retired players has opened the eyes of some active players.  Hopefully, many more current players will join the ranks of the players speaking at the press conference on November 27th.

In February of 2007, former NFL players, Bernie Parrish and Herb Adderley, filed a lawsuit against Players Inc., the licensing arm of the NFLPA, alleging that retired players have been denied millions of dollars from marketing and licensing deals.

In September of this year, Judge William Alsup dismissed the complaint but gave the plaintiffs permission to file a motion for leave to file an amended complaint.  The Washington Post reports, “the players’ attorney, Ron Katz, said they needed documents from Players Inc. to buttress the charges.  Once those documents were handed over, the request to refile was made.”

A November 14, 2007, opinion from Judge Alsup states, “In their proposed pleading, plaintiffs have successfully alleged the existence of a contract between Adderley and defendants, that defendants breached the contract, and that Adderley was damaged as a result.”

The November 14, 2007 opinion was based upon the amended complaint.

A settlement conference is scheduled for February 6, 2008, in San Francisco.

According to page six of Gene Upshaw’s “White Paper”, “there are 4,900 vested (3 seasons or more) former players who are eligible to apply for disability benefits under the NFL/NFLPA plan, not 10,000, as has been reported in some media outlets.”  On May 16, 2007, Upshaw provided a written declaration to a Federal Court which states “there are over 13,000 retired NFL players alive today.”

Based on the information provided by Upshaw, just 4,900 of 13,000 former players are covered by the NFL/NFLPA disability plan.  Only 37.6% of retired NFL players are eligible to even apply for NFL disability benefits.  There is no guarantee a player will be awarded benefits.  According to the “White Paper”, 62.4% of former players are ineligible for NFL disability benefits.  If any of the remaining 62.4% of retired NFL players are in need of disability benefits due to their NFL related injuries, they must rely on other means, such as the taxpayer funded Social Security disability system.  Many former players have qualified for Social Security disability benefits but have been denied NFL disability benefits.

Christophine Smith is the assistant director of the NFLPA benefits department and the NFLPA’s representative on the Disability Initial Claims Committee for the Bert Bell/Pete Rozelle NFL Player Retirement Plan.  Disability claims are decided at the first level by the Disability Initial Claims Committee.  Every disability application is reviewed and voted on by Christophine Smith, a union employee.  With only 317 of over 13,000 retired players receiving disability benefits, it seems the Disability Initial Claims Committee and the Retirement Board are very concerned about expenditures of the plan’s assets.

They must not be too concerned.  During a Retirement Board meeting on February 23 and 24, 2004, Christophine Smith had the following expenditures:

2/23/2004           $39            Breakfast
2/23/2004           $58            Lunch
2/24/2004           $1,049       Hotel Room – Loew’s Hotel Miami, Florida
2/24/2004           $39            Breakfast
2/24/2004           $64            Lunch
TOTAL                  $1,249

Christophine Smith spent $1,249 in slightly over a 24 hour period.  Her expenses were paid directly from the NFL Players Retirement and Disability Fund.  Money which could have been used to pay pension or disability benefits to former NFL players.

It should be noted that during the same year Christophine Smith spent $1,249 of the retirement plan’s assets for an overnight stay; twelve year NFL veteran and Hall of Fame player, Herb Adderley, who played in four Super Bowls and five Pro Bowls, received a pension of $1,522.20 for the entire year.  Adderley received $126.85 per month for his twelve years of NFL service.

A copy of Ms. Smith’s 2004 Department of Labor filing can be viewed by clicking HERE.  See the third page for the list of her expenditures.  Smith did not list any expenses for her travel to and from Miami.