He did not qualify for the increased payments under an «active football» category, the letter said, citing Shelton’s work at Walgreens until April 2009. «The Retirement Board found that your employment is incompatible with a finding of total and permanent disability during the ‘shortly after’ period required for the Active Football category,» the letter to Shelton said. «The retirement Board concluded that the absence of medical evidence of total and permanent disability during the twelve months after July 26, 2008 combined with your actual employment during that period, precludes a finding that you qualify for the Active Football category.» Smith previously represented the estate of former Pittsburgh Steelers center Mike Webster in a successful case against the NFL’s pension plan.
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