Court Rules No Additional Disability Benefits for Former NFL Player Gene Atkins

After several attempts of applying for an increased disability benefits, a federal appeals court has finally denied former NFL player Gene Atkins’ recent appeal.

During his entire NFL career, Atkins played as defensive back for the New Orleans Saints, respectively from 1987 to 1993. Thereafter, he also played for Miami Dolphins from 1994 until 1996. In December 2004, he applied for disability benefits several times and has been granted with initial benefits in 2006.

However, Atkins wanted more than that, which was why he aimed for a more generous benefit called the Football Degenerative. Consequently, he filed a lawsuit against Bert Bell/Pete Rozell NFL Player Retirement Plan after he was repeatedly denied greater disability benefits.

Unfortunately for Atkins, until h is last moment of appeal, the three-judge panel of the 5th Circuit Court of Appeals supported the previous decision denying his request for increased disability benefits.

Incidentally, the NFL Player Retirement Plan’s disability benefits has two levels—one is the “Inactive level,” which currently pays Atkins, and the other one is the “Football Degenerative level,” which awards recipients with more money.

Further explaining the difference of the two, inactive benefits apply only to players whose disability was the result of something other than football, while degenerative benefits apply only to players whose disability was a direct result of an injury or occurrence in his time of NFL career.

In the recent resolution, the court cited mixed medical opinions from doctors, which apparently did not clearly prove that Atkins’ disability arose from playing professional football.

Meanwhile, a Los Angeles long term disability lawyer theorized that Atkins apparently did not exhibit any changes in his circumstances, that is why his claim was often denied. Keep in mind that modified or updated medical records and other legal documents should be clear and convincing in such appeals.

Heart Attack Survivors’ Harsh Environment Increases Risk of Long-Term Disability

In a report released by the America Heart Association (AHA), the harsh environment of a heart attack survivor is said to increase the risk of long-term disability or even death.

Recent studies conducted by the AHA found significant evidence showing that those people who live at a particular distance from major roadways are at a greater risk of death from all causes.

The said study, findings of which are quoted below, involved 3,547 heart attack survivors with an average age of 62 and last up to ten years:
•    those who live 653 to 3,277 feet from a roadway have a 13% increased risk
•    those who live 328 to 653 feet from a roadway have a 19% increased risk
•    those who live less than 328 feet from a roadway have a 27% increased risk
Obviously, the closer a heart attack survivor gets to major roadways, the higher risk of long term disability and death the survivor faces.
Over a decade of study, there were 1,071 deaths reported, with some 63% of which died from cardiovascular arrests, while 12% succumbed from cancer and 4% from respiratory diseases.
One big possible factor eyed for the increased risk of disability and death by the researchers is pollution. The study also suggests that people whose health is already at risk may particularly need to take extra precautions, like quitting from smoking, maintaining a healthy lifestyle, and having a healthy diet.
Once a heart attack or other severe cardiovascular ailment leads to long-term disability and hinders you from doing your usual job for several months, you may be eligible to obtain long-term disability benefits.

Although long-term disability benefits may be available to those who have availed of a disability plan, either from a private insurer or through an employer, insurers will definitely not make it easy for the insured to gain access to the benefits that they deserve. In California, the experience and skills of a Los Angeles long term disability lawyer help such claimants in protecting and preserving their legal rights.