NFL Retirement Plan Throws Red Flag: Challenges Maryland Federal Court Decision

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On June 22, 2016, the Bert Bell/Pete Rozelle NFL Player Retirement Plan filed a notice of appeal to the Fourth Circuit regarding a Maryland federal court’s decision to award a former player total and permanent disability benefits, which were previously denied.

Jesse Solomon, a former linebacker, claimed that he had been denied disability benefits due to the plan’s failure to accept determinations by his physician and the Social Security Administration that he is permanently disabled. The NFL’s Retirement Board made the determination that Solomon is not totally and permanently disabled as defined by the plan’s documents. In March, U.S. District Judge Marvin J. Garbis awarded Solomon additional disability benefits, rejecting the Plan’s initial denial. According to Judge Garbis, if the plan would have reviewed Solomon’s case with a “deliberate, principled reasoning process,” it would have realized there was overwhelming evidence to support his claims.

Additionally, Judge Garbis granted Solomon’s request for interest on his award back to October 2010. Although the plan had opposed the request for interest, it realized a small victory. Judge Garbis granted the request for interest rate lower than Solomon sought, as well as did not compound the rate. Although Cy Smith, Solomon’s attorney, was pleased with the outcome, he awaits the plan’s arguments on appeal, noting that he believes the outcome was based on settled law.

Solomon received an award total of $425,783.11, including $32,000 that accrued in prejudgment interest. On June 21, 2016, Solomon’s attorneys additionally requested that the court award nearly $200,000 is fees and costs under the Employment Retirement Income Security Act (ERISA).

During his career, Solomon played for the Minnesota Vikings, the Dallas Cowboys, the Tampa Bay Buccaneers and the Miami Dolphins. According to the summary judgment order, it is estimated that he sustained approximately 69,000 “full-speed contact hits.”

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