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  • De Smith Letter To Dave

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    Robert Lee
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    De Smith Letter to Dave

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    4K views4 pages

    De Smith Letter To Dave

    Uploaded by

    Robert Lee

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 4
    NFL PLAYERS Dave Pear Sammamish, WA January 11,2010 Dear Dave, Thank you for your November 24” letter, requesting fulletroactve payment of Football Degenerative Dsabilty (Total & Permanent) benefits from 1983 to date including penalty and interest \We have reviewed both the record and the provisions of the ell/Pete Rozelle Retirement Plan (the “Plan’). l understand your positon and | personally reviewed and asked our staff to review every possible option to satisfy your request. “The Executive Director doesnot have the authority, pursuant to the Plan, to authorize a new ‘review ofa claim; an appeal is require for any additonal review after a decision has been made. ‘Accordingly, reviewed your file, per your request and will provide any and ll options available to you at this pont. The primary reason that we cannot grant your request that you did nat appeal the decision regarding your caim for Football Degenerative benefits in 1995; therefore the Board cannot consider, ‘nor medically reevaluate you to overtum 21995 decision In 2009. Your fallure to appeal resulted in 8 procedural bar to conduct further review of your claim, | reviewed your fle and learned the folowing ‘+1983: The six member Retirement Board (the “Board"), consisting of three appointees selected by the NFLPA and thre selected by the NFL, considered your request fr Line ‘of Duty ("LOD") benefits when you applied in 1983, resuting ina voting deadlock ofthe Board and subsequent arbitration, The thee NFLPA appointees vated in favor of your claim while the three NFL appointees denied your claim, The arbitrator, selected ‘mutually by the NFL and the NFLPA, ruled thatthe injury didnot cause you to leave football (a requirement for LOD benefits atthe time of your claim, +1995: The Retirement Board considered your request for Total & Permanent Disability benefits, esuiting in a unanimous denial based onthe Board's determination ater evaluating the medical evidence that you were stil able to work and therefore didnot {quality a totaly and permanently disabled. ae SY NFL PLAYERS [Also per your request, reviewed the Plans ruling on your ability to receive Football Degenerative Disablty enefts and gleaned the following ‘+ 2008: The Disabiity Initial Claims Committe, comprised of one representatives each from the NFL and NFLPA, considered your request fr Inactive Total & Permanent Disability benefits and your request was approved. The decision was dually based on 8 social security disability award which found you total and permanently disabled beginning January 2004 anda actual determination that you worked untl 2008, but not, beyond ‘+ 2008: The Retirement Board considered your appeal tobe reclassified to Football Degenerative benefits and the result was a denial by unanimous vote in 2008, Upon ‘your appeal, the Board noted atleast thre reasons for denial (©The Pan provides in Section 5., thatthe monthly total and permanent lisablity benefit willbe no less than $4,000 ifthe disables arses out of League football activites, and results in total and permanent disability before 15 years after the end of the Player’ lat Credited season. You did not dspute your actual and substantial employment upto 2008. During the years after the 15 year window expire, you earned income between $60-80,000 per year. The Board found that your employment during that period and a finding for Football Degenerative benefits were incompatible, based on the requirements forthe benef. (© There was no matical evidence or total and permanent disability prior to March £31, 1996, which would be the last date forthe 15 year ut off window after your last credited season, per Section 501 of the Plan. (© Your principal argument on appeal was thatthe 1995 denial of your application for Tota & Permanent Disability benefits was in error. The Retirement Board

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