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ROGER GOODELL REACHES OUT TO DAVE PEAR
10/18/07
To: Roger Goodell (Commissioner of the NFL)
From: Dave Pear (NFL player 1975-1980) (current status: social security disability)
Subject: Phone conversation 10/18/07
Dear Roger,
Thank you for the phone call. I appreciate your willingness to gather the facts in order to get a clear picture of what is happening to disabled and injured players. I also, want to apologize for sending you a forty eight page fax. I am currently receiving social security disability. As we discussed, I was released by the Oakland Raiders in 1981 with a herniated disc in my neck and on my own I went to the Stanford medical center and underwent surgery where a neurosurgeon drilled a bulging disc out of my neck. That ended my career as a football player. In 1983 I applied for Line of Duty disability. The doctor stated in his report that I was, “50%-59% disabled, it was a football injury and I would not return to playing football”. However, I was denied the benefit. Three player trustees voted for me and three management voted against me. An arbitrator made the final decision and denied me the benefit. You said the way we do it now is, “a medical advisory physician, (MAP) would make that decision”. You asked,” if a medical advisory physician was involved in my decision process “, and I said, “ No”. You then said that, “I am not sure what plan you were under at that time so I couldn’t comment”. I am under the Bert Bell Plan. Medical disputes after a three, three dead lock do not go to an arbitrator as stated in the specific language of the Bert plan. In section (8.7) it states: “except those issues dually submitted to the medical advisory physician”, pursuant to section (5.2) & (6.4). A medical advisory physician was not used in my claim. However, this is what the plan calls for. That was a violation of the plans terms under section, (8.7).
In 1995 I applied for total and permanent disability and I was examined by a doctor selected by the NFL. The doctor wrote in his report, “this patient is markedly incapacitated from both the lumbar and the cervical areas which were secondary to injuries sustained while playing professional football”. He then went onto say, “I would only permit this patient to perform sedentary work, with no excessive standing on bending, no lifting greater than fifteen pounds lbs”. “Must be able to rest frequently”. Even though under the plans terms my injury was defined as a SUBSTANTIAL DISABLEMENT which is deemed a total and permanent disability that resulted from my injury I was denied the benefit. I have had seven spine surgeries, knot rods implanted into my back along with four discs fused in my neck and low back. In April I had four screws permanently drilled into my lower spine and I am scheduled for a total left hip replacement in January. I am now required to walk using a cane. I live in chronic pain, fall asleep during the day, and suffer from vertigo along with numerous head injuries I received from repeated concussions. I was told by the NFLPA that the standard for total and permanent disability was being confined to a wheel chair like Daryl Stingley. You then said, “It is irresponsible for someone to make a statement like that”. You went on to say,” I am not saying they didn’t make that statement to you but it is an irresponsible statement”. I agree with you. In 1993 a neutral physician named Dr. Naviesar told a player who had just suffered a career ending injury stated and I quote,” the NFL, (retirement board) does not want to pay benefits”. I have access to an affidavit from a former player. The doctor went on to say, “The NFL sets the standard so high that I have never qualified anyone for the benefit you are now seeking”, which is, line of duty, (LOD). The doctor went on to say, “Not even Dennis Byrd would qualify but the NFL would give it to him anyway because they did not want the bad press”. He was trying to justify to the player why he was not going to qualify him! I have had to spend over $500,000 of my own money on medical bills for football injuries. I was told by the NFLPA that I would never receive total and permanent disability unless I was in a wheel chair. I applied for early retirement and began receiving $484.90 a month at age 45 which I now realize represents only 45% of my entitlement at that time. Had someone from the NFLPA explained this to me in a fiduciary capacity I may have waited until I was 55 to prevent the loss of over half the value of my retirement income which was lost with my early retirement benefit. According to the Bert Bell Plan, section (4.6), “any vested player who leaves football on or after March 1, 1977 may request, by written notice to the retirement board, an early benefit as described below. Said request will be acted upon by a committee of the retirement board consisting exclusively of the voting members appointed by the NFLPA. After appropriate communication with the vested player, if such committee determines in its sole and absolute discretion, that distribution would be in the vested player’s best interest, then such distribution will be made”. I had no communication with the committee nor was I aware there was a committee. I would like to know who was on this committee? I have requested the minutes of the specific retirement board meeting in which my disability claim was determined. I disagree with Gene Upshaw’s statement that I made the decision to take my early retirement and I can prove it! In Mr. Upshaw’s email sent to me dated February 22, 2004 it reads; “YOU decided to take early retirement at the age of 45”. “YOU made the decision, which only YOU can make”. “We feel so strongly about the early retirement benefit and the mistake players make WE removed that option in 1993”. “WE cannot undo the decision YOU made”. If Mr. Upshaw had removed this option from the Bert Bell Retirement Plan in 1993 as his email states, this would be a moot point because I began receiving early retirement benefits in 1998. Mr. Upshaw finishes by saying, “WE understand you have a disability”, and rightly so, because I applied for,” line of duty”, disability in 1983 and I later applied for, “total and permanent” disability in 1995. Mr. Upshaw by his own words and the committee knew that I had a disability. The decision was made for me by the committee. They decided that it was in my best interest. It was their misguided choice. Only they could determine in their sole and absolute discretion that this distribution was in my best interest.
You then began sharing with me the “joint replacement program” that is being set up to assist physically injured retired players with needed medical operations and joint replacement from injuries received from playing football. This will provide some needed medical help for some injured players. However, there are so many other costs involved in having corrective surgery. Some of them are: 1) transportation to and from the hospital, 2) Assisted help returning home, 3) In home care upon returning home to an empty house, (cooking-cleaning-shopping, etc.), 4) transportation to physical therapy, 5) prescriptions, etc., 6) During this time you are not able to work so you don’t have an income. Unfortunately, the disabled and injured players that need this program the most will not be able to use it because they have been denied access to their disability benefits. This will work for retired players that are doing well financially but don’t have medical insurance. There are three categorizes for benefits after football. They are; 1) disability, 2) pension, 3) medical. This joint replacement would fall under category, 3) medical. The disabled player would not be able to afford this option financially because he is in survival mode and not receiving monthly disability benefits.
When I said that as the Commissioner of the NFL you have the power and authority to right this wrong that has happened to my family, you asked me, “Who do you think I am, God!”? My answer was, “ No”. After twenty five minutes of listening to my personal experiences with the disability board you were very frustrated. I would only say, this has been my life for the last twenty five years and it has been extremely difficult.
The Bert Bell plan has spelled out the guide lines and procedures for receiving disability benefits but that did not happen in my case. My denials for the line of duty disability and total and permanent disability continues to create a hardship for my family. I have been receiving social security disability since 2004. I am only 54 years old and this has been unfair for my family. You have a family, how would you feel if someone treated your family this way for over 25 years? Being the Commissioner, you have the ability to (enforce the integrity) of the NFL to management and the players .
I respectfully request this action plan:
In my opinion, the NFLPA has hired the Groom Law firm to conduct a business inside of a business. Over the years, this Law firm continues to change the wording of the retirement plan to create a ruse for disabled players that are in need of medical benefits. All one has to do is examine the evolution of the Bert Bell plan to the Bert bell/ Pete Roselle plan to the newest plan in 2005. Add to this all the amended, restated and merged changes and the interpretation is so ambiguous that disabled and injured players do not receive their medical benefits. The Groom Law Firm has set up a crooked and twisted system to deny valid medical claims. The big winner is the NFLPA with their billion dollar plus pension and disability fund that is virtually untouched every year. The Groom Law firm continues to make millions of dollars annually while disabled players struggle to fight this corrupt process and don’t receive their medical benefits. The NFLPA should spend our disability and pension on benefits for retired and disabled players and not lining the pockets of the Groom Law Firm. I was shocked that you did not know how the Bert Bell plan handles medical disputes. I ask that you become more familiar with the retirement plans for the retired players so you can have a clear understanding of the issues.
This dark cloud hanging over the NFL will only get darker as more abused disabled players come forward and tell their story about how it has affected their families. I still have a family and a loyal wife of almost thirty years. Many other disabled players don’t have a family because the burden is so heavy and unfair that it splits apart their family. We as players made the choice to play football but just like dogs in an organized dog fighting business, those poor animals never had a choice and the families of these injured disabled players never had a choice either. Thanks to you we now have a platform to air these grievances as illustrated by over one hundred and fifty letter given to you from Senator Dorgan to review and make the appropriate decisions that will benefit these players in need.
A “trustee” that can’t be trusted is not a trustee. A fiduciary is someone who by law is charged with the sole responsibility of the welfare of the player’s benefits and the protection of his rights. Sooner or later someone must stand up for the rights of the retired players; I hope you are one of them.
I look forward to your response.
Sincerely,
Dave & Heidi Pear
NFL (1975 to 1980)
Current status: Social security Disability
