A retired football player is asking the Maryland court to order the National Football League to pay his legal costs after years of battling over disability benefits. In the long sought battle, he currently owes his attorneys $225,312 in attorneys’ fees and $3,098 in filing costs. The player argues his disability benefits case meets the merit test applied by the Fourth Circuit and his fees are reasonable.
Jesse Solomon played has a linebacker in the NFL for nine years. The Vikings drafted him in 1986, and he moved around teams for nine years. Solomon retired after sustaining a career-ending injury during play. Following his retirement, Solomon returned to school and became a gym teacher and high school football coach. He was forced to leave his job following outbursts and personality changes.
Following his inability to work, Solomon applied for higher disability benefits with the NFL. The league denied the higher benefits package and only offered him “Inactive Benefits.” Solomon applied a second time, after the Social Security Administration identified him as totally and permanently disabled. The NFL denied the upgrade again. The NFL explained Solomon did not become “totally and permanently disabled” until after a fifteen year manifestation deadline. Solomon quickly filed suit to argue a reversal of the decision. The league justified its denial even after a neurologist hired by the NFL said Solomon “probably is demonstrating features” of Chronic Traumatic Encephalopathy (CTE).
The Maryland district court judge issued an opinion in favor of Solomon. Judge Garbis held the league abused its discretion in denying the higher benefits. He awarded Solomon “Football Degenerative benefits.” Garbis identified Solomon’s “overwhelming” evidence, such as “white matter changes” and “escalating” thoughts and behaviors, as proof that the NFL was incorrect in its decision. Garbis reasoned Solomon was hit approximately 69,000 times at “full speed.” His experienced “triple vision” and lost a sense of who he was.
Garbis granted Solomon’s motion for summary judgement and awarded him retroactive benefits. Solomon eventually won a $426,000 award plus yearly benefits of $73,002. According to Solomon’s attorney, “[t]his ruling could be significant for the current national class action concussion litigation because the parties have refused to pay benefits to any living retiree with CTE, including Solomon, claiming that it is impossible to determine whether the disease exists until the player is dead.”