Hundreds of Black NFL retirees denied payouts in the $1 billion concussion settlement are now eligible for awards after their tests were re-scored to eliminate racial bias.
The tests will be race-blind because of the changes made to the settlement. The use of race norming in the dementia testing made it more difficult for former Black players to prove they had the kind of cognitive decline that qualifies them for awards that average $500,000 or more.
According to a report by the law firm handling claims against the NFL, nearly 650 men have had their dementia tests rescored. The retirees met the other criteria for a successful claim, which included hours of validity testing to show that they are not malingering.
Fifty-one people are now eligible for moderate to advanced dementia awards. Up to $35,000 will be given to nearly 250 people who show signs of early dementia. The race-norming issues in testing caused them to fail to qualify.
The new test results will increase payouts.
Black retirees can apply for new testing to see if they meet the revised scoring formula. Advocates for the former players worry that many don't know that if they deal with memory issues.
Men who are homeless, men who originally signed up but their cognitive function changed, men who are divorced or isolated are some of the men Amy Lewis and her husband are looking for.
Chris Seeger is working with a couple who were critical of his response to the issue.
As long as more men get help navigating the claims process, Lewis doesn't care if she is inside the tent or outside the tent. For a long time, many cases drag on.
A spokesman for the league didn't return a phone call or respond to email messages asking for comment on the score.
The lead lawyer for the retired players who negotiated the settlement with the NFL apologized for initially failing to see the racial bias. He said in a recent interview that he would make sure the league paid their fair share.
The league's total has passed $1 billion. The actual payouts lag behind that number due to appeals and audits. Alzheimer's disease, Parkinson's disease, Lou Gehrig's disease and deaths before April 2015 are compensable diagnoses.
Reviewers are tackling the thornier dementia claims and the process has slowed down. Almost four in 10 dementia claims are audited by the claims administrator, BrownGreer, even after experts weigh in.
James Pruitt, who played for Indianapolis and Miami from 1986 to 1991, said that their motto was deny, deny, delay until you die.
In Palm Beach County, Florida, after his football career ended, he became a teacher and middle school principal. He was asked to step down in 2010 in his 40's. He was no longer able to do his job.
He stopped talking to his friends when he stopped playing.
I don't recall a lot of things. He said that he's been told that he repeats things. I'm embarrassed by it all.
The lawyers who traveled the country to sell the plan to retired players groups met with Pruitt and his wife.
"We were told that it was going to be very easy, you just need to go to the doctors and get a qualified diagnosis," said the woman. We're still getting the run around six years later.
After the first doctor was removed from the program, the couple's approval was overturned twice. The lawyer thinks they will be successful on their third try. They haven't heard yet.
An award would allow her to get the help she needs to care for her husband.
She said that she doesn't have that skill set.
Lawyers for Kevin Henry and Najeh Davenport exposed the test scores adjusted by race as a proxy for a person's background in a lawsuit. The formula used in medicine to diagnose dementia was never meant to be used to determine payouts in legal awards.
The claims process is picking up steam after a slow start, according to the man.
People have said they weren't moving well for a while. I believe we have won some battles with the courts. I don't believe the league expected to pay $1 billion.
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