Andre Royal v. NFL Retirement Board: He Who Hesitates Is (Usually) Lost

By: Jeff Birren, Senior Writer Andre Royal played in 60 NFL games in the late 1990’s.  He began receiving NFL disability benefits in 2001, after being diagnosed as “totally and permanently disabled.”  In 2015 Royal unsuccessfully sought reclassification that would have “resulted in greater benefits.”  Royal sued the NFL Retirement Board, claiming that the Board violated ERISA, 29 U.S.C. § 1022 for failing to provide him with a summary of the plan, for failing to prov