10 Former NFL Players Sue Roger Goodell, League’s Disability Benefit Program and Disability Council

A group of former NFL players are suing the disability benefit program, league commissioner Roger Goodell, and the disability board, accusing them of repeatedly refusing to meet disability claims.

The video in the media player is taken from the previous report.

In a lawsuit filed Thursday in District Court for the District of Maryland, 10 players, including two-time Pro Bowl runner Willis McGahey and Super Bowl XLII champion Jason Alford, said they are “seeking damages for wrongful denial of benefits.” denial of statutory full and fair review of denials of benefits, breaches of plan terms or regulations, and breaches of fiduciary duty.”

The lawsuit alleges that the defendants acted in an “overly aggressive and disturbing pattern of erroneous and arbitrary denial of benefits, unfair contract misinterpretation, and other unfair tactics” when it came to withholding disability benefits and lack of care in reviewing medical records.

It alleged that board members “repeatedly and materially violated their duties, repeatedly refused to pay contractual benefits and had statistically proven conflicts.”

The lawsuit alleges that the league’s disability benefits program, Commissioner Goodell, and the disability board found ways to “limit benefits to the very players the plan was designed to help” and that the players were “forced to go through a complex process to try and get those benefits.” only to be met with rejection.”

He blames the disability board for not hiring neutral doctors to assess players’ injuries, saying they were “biased”.

The lawsuit alleges a correlation between the amount of money paid to doctors and the likelihood that the player’s claim will be dismissed.

The lawsuit states that between March 31, 2019 and April 1, 2020, 4.5% of players were completely and permanently disabled due to doctors paying more than $210,000.

Conversely, over the same period, 30% were found to be disabled physicians who were paid between $54,000 and $60,000.

“Diseases of the head, neck and lumbar spine”

Eric Smith, who played for the New York Jets until 2012, suffered 13 documented head injuries. According to the lawsuit, he was denied benefits in office (LOD) in 2013 and his appeal was denied a year later.

He reapplied for LOD benefits in 2015 after being seen by a doctor who was paid $34,268 and found 20 LOD violations in players.

According to the lawsuit, after Smith was awarded benefits, the doctor’s compensation from the board plummeted the following year to $16,711.

When Smith filed for a permanent and neurocognitive disability in 2018, doctors repeatedly denied him—some paid over $1 million—despite his “impairments in the head, neck, and lumbar spine” and “marked reduction in shoulder range of motion, rotational shoulder cuffs. , and moderate to severe arthritis in the shoulder,” the lawsuit says.

The lawsuit alleges that when the plan and board reviewed the players’ disability claim, they chose to use only case summaries prepared by the plan’s law firm, Groom Law Group, rather than full medical records, which is against federal law.

CNN has reached out to the NFL Players Association and the Groomsman Legal Group for comment.

“The disability plan, developed by the NFL-NFLPA as part of the CBA, includes an unlimited financial obligation to provide benefits to any retired player who meets the eligibility requirements set by the parties,” an NFL spokesman said in response to CNN. comment request.

“These qualifications and administrative procedures have been developed in consultation with occupational, mental and physical health professionals. The plan provides over $330 million annually to deserving players and their families.

“The NFL-NFLPA Disability Plan is fair and administered by professional staff under the oversight of a board composed of an equal number of nominated NFL Players Association and a league that includes retired players.

“This board reviews the operations of the office and the operation of the benefits program, including each contested claim for benefits, to ensure that retired players who qualify for disability benefits receive them as intended.”

Before the lawsuit was filed, Goodell was asked during his pre-Super Bowl press conference about the denial of benefits for some players.

He said he thought “the benefits for our players are extraordinary, but as you know, it’s also a defined benefit plan.”

“The defined benefit plan operates under state law, and we obviously need to have a system in place to determine who is eligible for these benefits and who is not, and this is done with the union and management.

“And the facts are that this is done independently of doctors who determine whether the benefit and the person qualify for this program. from people who really have a right to it.

“There will always be people who may think they are entitled to it. The doctors disagree, the joint council disagrees, that’s how the system works. But I would tell you, the benefits in the NFL are off the charts.”

The lawsuit seeks class-action status, the removal of six board members for “repeated and material breaches of fiduciary duties of loyalty to the Plan” and an unspecified amount of money as compensation.

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