On February 8, 2023, the Washington Post published a story by Will Hobson entitled, “How the NFL avoids paying disabled players – with the union’s help,” which quoted our firm’s founder, Mark DeBofsky. The story described recent litigation against the National Football League’s disability benefit plan which has raised concerns about whether the plan fairly administers disability benefit claims brought by active and former players. Referring to one case in particular brought by former NFL running back, Michael Cloud, that resulted in a judgment against the plan, DeBofsky characterized the allegations made by Cloud as “really egregious conduct,” and added,

“What was uncovered in this case was just eye-popping.” Although the NFL’s disability plan was the subject of a Congressional investigation several years ago, DeBofsky further suggested, “It’s probably time for Congress to get involved again.”

Check out the article to learn more about this issue. Please note that the Washington Post article is behind a paywall and requires a subscription to access. If you’re a subscriber, you can read the full article here.

Related Articles

Severance Pact Forecloses Right To Pursue Disability Claim Later

Severance Pact Forecloses Right To Pursue Disability Claim Later

Lawyers who represent employees in severance negotiations should be aware and take heed of the recent New York federal court ruling in Schuyler v. Sun Life Assurance Co., 2023 WL 2388757 (S.D. N.Y., March 7, 2023). That case illustrated a dangerous pitfall that may unwittingly result in unintended unfortunate consequences based on the court’s finding that an employee’s release of her employer also waived the employee’s right to sue her disability insurer. […]

The Important Role Of Contra Proferentem In ERISA Cases

The Important Role Of Contra Proferentem In ERISA Cases

The outcome of Employee Retirement Income Security Act cases often turns on how courts interpret the meaning of specific benefit plan terms. The recently decided case of Stein v. Paul Revere Life Insurance Company, issued by the U.S. District Court for the Eastern District of Pennsylvania on March 16, illustrates what happens when plan terms are unclear and can have different meanings. […]

Courts Should Follow 8th Circ. On ERISA Procedure Rules

There is no provision in the Employee Retirement Income Security Act of 1974 mandating that claimants must exhaust internal appeals as a precondition to filing a lawsuit to challenge a claim denial. Nonetheless, most courts have required claimants to exhaust prelitigation appeals before their cases may be heard in court. […]