‘Disturbing’ NFL Benefits Plan Still Claims Win At 5th Circ.

A panel of the U.S. Court of Appeals for the Fifth Circuit has reversed a district court decision awarding former NFL running back Michael Cloud higher disability benefits and back pay. Nonetheless, the panel agreed with many of the lower court’s findings, noting the NFL retirement plan’s “disturbing” and aggressively unfair treatment of former players who had suffered severely incapacitating on-the-field injuries and filed disability claims.

The case is Cloud v. NFL Player Retirement Plan, Case Number 22-10710, U.S. Court of Appeals for the Fifth Circuit.

Cloud suffered a concussion in 2004 and ultimately left the NFL after the 2005-06 season. He began receiving benefits from the NFL in 2010. He asked for reclassification to a higher tier of benefits from the NFL in 2014 after he began receiving Social Security Disability benefits. After the NFL denied his application for reclassification, he did not appeal but again applied for reclassification in 2016. He was denied reclassification based on the 2016 application because it arrived two days late, and he failed to show that his circumstances had changed between the 2014 and 2016 applications, as the plan’s rules required.

The Fifth Circuit panel concluded that since Cloud had failed to appeal the 2014 denial, he forfeited his right to be reclassified based on that application. Furthermore, his failure to show a change in circumstances upon the 2016 application made him ineligible for reclassification. As a result, the panel remanded the case to the lower court to file in favor of the NFL plan. The panel also ruled that Cloud had improperly received increased benefits and back pay.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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