Retired NFL running back Willis McGahee is fighting for players to make sure they receive the benefits they are owed by the league after sacrificing their bodies and health for the sport. McGahee filed a lawsuit earlier this year alongside nine other former players against the NFL Disability Plan and each member of the NFL Disability Board. The lawsuit cites the defendants for a breach in the fiduciary duty of loyalty to former NFL players through misinformation in violation of the Employee Retirement Income Security Act (ERISA) and wrongfully denied them benefits in violation of the terms of the NFL Disability Plan.
“It’s not benefiting the players who are really, actually hurt and going through stuff in life,” McGahee said to The Athletic. “They’re not taking care of us. It’s a sham. I’m tired of it. Somebody has to step up and do something about it.”
McGahee Gave His Body To Football
McGahee had a litany of injuries throughout his playing career, including: multiple torn ligaments in both knees, two torn hip flexors, a fractured tibia, a twisted vertebra, a boxer fracture, at least two major concussions, “countless” broken ribs and high-ankle sprains, several knee scopes, dozens of joint aspirations and several other “minor” ailments that have left him in an almost constant state of pain.
When he left the game in 2013 at 32 years of age he struggled, as many professional athletes do. He had given his entire life to football and was lost without the game. McGahee even contemplated suicide.
“When it’s gone, you really have nothing to fall back on,” McGahee said. “It’s just a lot coming at you, man, and it gets mentally tough. It [suicide] crossed my mind a couple of times.”
No doubt the constant pain and the lack of direction wore heavy on him. But McGahee found a will to live in his 10 children. He wanted to be around for them.
He eventually sought therapy and is in a better frame of mind today, but his body is still torn to shreds, and he’s been unable to access his full benefits afforded to him by the league.
“It’s just a lot going on,” McGahee said. “And me being the athlete that I am, I just try to suck it up. But I’m tired of sucking it up because it’s killing me inside.”
NFL Disability Payments
McGahee looked to receive benefits through the NFL Disability Plan. Former players can potentially access three benefits that provide monthly payments. They are: Total & Permanent Disability benefits, which are for former players who are unable to work due to disability; Line of Duty Disability benefits, which are for players who have a substantial disablement due to NFL activities; and Neurocognitive Disability benefits, which are for players with mild or moderate neurocognitive impairment.
Players must complete an online application, provide supporting medical documents and attend at least one medical examination by what the policies call a “neutral physician” chosen by the NFL Disability Board. Then the board makes a decision.
Not exactly sure how a physician chosen by the NFL is “neutral,” but sure.
McGahee received Line of Duty disability but was denied Total & Permanent benefits. He felt that his mental and physical impairments prevented him from being able to work and he continued to apply and was continuously denied.
He sought the advice of his lawyer and joined nine other players and filed suit.
The NFL moved to dismiss the lawsuit in June and in August, the plaintiffs responded to that motion, and the NFL subsequently filed another reply. The judge’s decision on the NFL’s motion is still pending.
None of this is surprising if you follow the league. For years they’ve denied former players benefits, including a conspiracy to deny mainly Black players benefits due to traumatic brain injuries because they used a racially biased scale, claiming Black players begin with lower levels of intelligence.
Football is a barbaric sport and the league and its owners have little to no regard for the players once they’re used up.