First, tell me a bit about your background and how you got involved in fighting for players’ disability benefits?
Well, I started practicing law in 20001. I was in a big firm for a few years, then started my own practice. I started off doing probate, estate planning, and personal injury work. My husband is Alfred Malone – he played for the Texans and Green Bay and retired in 2001. In 2014 I started getting directly involved in helping him with his disability claims for his issues. I saw his progression – his health decline as we dated. He had a number of health issues due to his playing time – he dislocated his knee in the UFL and that finally ended his career, but before that he broke his hand, fingers and his back. I saw him on the couch with icepacks on his back every day – sometimes for the whole day. Just in pain – sometimes in tears.
I didn’t get it then. I didn’t see the whole picture and I didn’t know much about helping with disability claims then.
So how did you help him – were you able to?
I talked to other players and looked into it. I researched the plan thoroughly – went through the plan with a fine-tooth comb. I got him situated with social security – got him his disability that way. Then I was able to get him his T&P benefits from the NFL (Total and Permanent benefits).
Once I was able to get those for him, the floodgates opened up. All of his friends and teammates started calling me. It’s a close-knit community. I tried to tell them it wasn’t what I do – but I got sucked into it, so to speak. I didn’t mind though because these guys needed help. Once I was successful for my husband in getting his benefits they all wanted my help. Now I represent close to 100 players- some pending, and over 40 who have already gotten their benefits.
How were you able to help your husband – how was his experience different from other players?
The biggest issue is the NFL process. When you go through social security you use neutral doctors that use generally accepted medical standards. They are looking at what doctors should look at and see that these guys have issues from head to toe – literally. They determine whether players can work without pain and it;’s usually not hard for them to make that determination.
When the NFL evaluates guys though – if you go through the NFL before you go through social security, then you have to go through the NFL’s “neutral” doctors. .And I am using air quotes there on purpose – many are not impartial. Players can bring in their own records but the doctors make their own determinations and the NFL review committee can deny you afterwards as well.
Why go through the NFL first then?
Some players don’t know to go through social security first. Also, you have to have five work credits to get disability. That means you have to have worked for five of the last 10 years, For many of these retired players they never worked that many years – some couldn’t.
You’ve watched the development of the CBA and the new CBA and have been critical of it. What would you want to see different?
Well, in my legal opinion, the CBA should not have included guys who have gotten their benefits already. Leave them alone.
They amended Article Three so it now applies to anyone who applied for and received their benefits after 2015. They now want to reduce those benefits the NFL pays by the amount they get through Social Security – if the player obtained Social Security before applying for the NFL’s Total and Permanent benefits. That just is a way to reduce the benefits they get paid. The new CBA also sends the player back through a new qualification process – it starts all over again – they could have their benefits taken away after all of that if the NFL wants to deny their claims this time. That is a huge problem for disabled players.
Also – the Article Four guys – those who applied for benefits before 2015 and got benefits through Social Security first – they also may be subject to reductions for amounts received through Social Security if the changes the NFL and NFLPA made in the CBA are upheld.
Why do you think the NFLPA allowed that to go through – why not fight for the retired players more? And why does the NFL want to do this as well?
Well the NFLPA made it clear in their responses why. They weren’t confused by the language, They wanted to get a better deal for the current players. They made it clear in their language – they said it in black and white.
But why does the NFL care to do this – what is the point do you think?
I think they believe a lot of these guys are faking it. They don’t believe the players or the doctors who agree to their injuries. They want to discredit the idea that the NFL is causing so many injuries and need those benefits. I don’t think it’s about money – I think they want to show that these claims are fake – maybe to prevent lawsuits in the future too.
Why don’t you think it’s about money?
Well just do the math, the Social Security Benefits average out to approximately $30,000 a year per disabled player. This is the amount the NFL will deduct from what the disabled player receives through their total and permanent plan. Multiply that by about 400 disabled players – that’s nothing to the NFL. That’s a small percent of what Jerry Jones makes. It can’t be about money. It’s more about trying to prove players are faking and preventing lawsuits. However, I know these players are not faking. I have first-hand knowledge of this.
So back to an earlier question – why does the NFLPA allow this to happen if the issue is so important to players and less costly to the NFL?
The preamble of the CBA tells you who the parties are in the CBA. For the NFL. its the 32 owners. For the NFLPA, it’s solely for current and future players. There is no representation for the already retired players in the CBA. The NFLPA does not represent “already retired” players. They have no voice.
But aren’t retired players there at the negotiation table?
They have a representative there but they don’t get a vote. They can just offer suggestions – none get to vote on the CBA. They are represented under the pension plan, but not in the CBA.
So has the ship then sailed for what retired players can do?
No the ship has not sailed. There are mechanisms in place in our legal system to protect retired players as it particularly applies to the CBA. I don’t want to get into it more right now but we’re researching those now. All hope is not lost.
I think the no-vote issue and some of these others m=come as a surprise to some who felt the retired players had a bigger voice in some of these negotiations…
Look – the game of football is loved by a lot of people – its entertaining and a game so many people watch. But at the end of the day all of these guys will be retired. And fearfully, many will need the disability help for much longer than the span of time they played in the NFL. It’s important to take care of them. The average player plays three-to-five years. They’ll be around 28 when they retire, and many will be banged up already.. You need to take care of these guys at the back end- you can’t just take are of the guys playing now.
The thing I want to get across is that the retired players don’t have the same fight as current players do. Current players have a voice in the CBA – retired ones don’t.
But players should still go through social security first – I want to stress that as well. They should still do that through 2024 – they’ll still have the right to do that. They may still get rejected but having been approved by Social Security can help – there are ERISA laws that can then help support them.