Detron Smith is a former NFL player. Smith claims that the NFL’ the evaluation system for the Player Disability & Neurocognitive Benefit Plan is “morally repugnant.” Smith’s comments come after a Texas federal judge denied his benefits suit.
The Texas judge ruled that testimony from eight doctors that Smith could work was enough evidence for the NFL’s Player Disability & Neurocognitive Benefit Plan to deny Smith’s application. Smith appealed to the Fifth Circuit and asked the appellate court to allow him an oral argument to address whether there was actually sufficient “evidence within the administrative record to support the disability board’s decision, arguing that it raises important issues about how the board makes its determinations.”
Smith applied for “total and permanent disability benefits, which has the highest monthly payout.” If Smith alleged in his lawsuit that the board did not take into account the holistic effects of injuries and the impact it has on a player’s ability to work.
In Smith’s brief, he argues that it is system used by the NFL “The unintended result is that the [plan] perpetuate[s] a claims review system where there will be no evidence within the administrative record that concretely supports a denial of a claim that a combination of mental and physical impairments cause the claimant to be disabled.”
Smith’s brief also argues that the court erred by holding that the findings of eight NFL network physicians were sufficient evidence to deny Smith’s disability benefits. In Smith’s motion for summary judgment, he highlights that all eight of the NFL network physicians found impairments but their disability findings were isolated to their specialities.
Smith’s brief provides the argument that the NFL’s system hinders holistic review of a player’s claim that he cannot work due to both physical and mental impairments. Rather, “the system silos the impairments.”
A January filing explained that Smith’s claim was broken into “four isolated medical opinions” that did not consider the holistic impact that his orthopedic, psychiatric, neuropsychological and neurological conditions had on his ability to work.
Initially, Smith received total and permanent disability benefits amounting to $11,250 each month. After medical evaluation results showed he could do light duties, the NFL plan revoked Smith’s prior benefits; since, he was not totally disabled.
Three years later, Smith reapplied and received $3,000 monthly for neurocognitive disability pay. Smith appealed the $3,000 decision. Smith went through two evaluation rounds with orthopedists, neurologists, neuropsychologists and psychiatrists before the board denied his claim.
From 1996 to 2001, Smith played for the Denver Broncos. Smith won the 1997 and 1998 Super Bowl while on the Denver Broncos. Following that, Smith was on the Indianapolis Colts for two seasons. According to Smith’s lawsuit, he suffers with “headaches, memory loss and insomnia” stemming from multiple injuries that ended his career in professional sports, and made it hard to start a new career.
Smith is represented by Jeffrey Dahl of the Law Office of Jeffrey E. Dahl.
The plan is represented by Edward J. Meehan and Michael L. Junk of Groom Law Group and D. Mitchell McFarland of Munsch Hardt Kopf & Harr PC.
The case is Smith v. NFL Player, case number 24-50277, in the U.S. Court of Appeals for the Fifth Circuit.