Edward Dabdoub, Carter Meader Sox and Kevin Schaefer of the Dabdoub Law Firm in Coral Gables won a nearly $218,000 judgment for Darryl Ashmore, a former football player whose attorneys said he felt “ambushed” when the National Football League denied him coverage under its Player Disability & Neurocognitive Benefit Plan.

The plan is an employee welfare program designed to ”promote the long-term well-being” of former players. It provides monthly payments of $11,000-$22,000 to participants who suffer “total and permanent disability.”

After more than 11 seasons as a professional athlete, Ashmore claimed he suffers from a host of football-related ailments that qualify him for coverage. His lawsuit filed in October 2016 in West Palm Beach listed migraines, herniated discs, hypertension, degenerative arthritis, and chronic pain in his neck, knees, back, wrist and shoulders.

Ex-Offensive Lineman Files Disability Claim Against NFL

But The NFL plan denied his application for disability benefits after Ashmore failed to attend prerequisite medical examinations. The former professional athlete tried working with the NFL to reschedule the exams closer to his Boynton Beach home, because the original travel itinerary would have crippled a man in Ashmore's condition, according to his attorneys.

Oakland Raiders Darryl Ashmore poses for 1999 team headshot. AP Photo/NFL Photos

Ashmore played for the Los Angeles/St. Louis Rams, the Washington Redskins and the Oakland Raiders between 1992 and 2002. His case litigated its way to judgment, and on July 15 United States District Judge Kenneth A. Marra issued an order awarding Ashmore nearly $217,798, which includes past-due benefits and a pre-judgment interest of about $16,428.

When Ashmore's attorney, Dabdoub, first submitted the disability application in 2015, he considered it to be “relatively straightforward.” The NFL then reached out to schedule independent medical examinations, as was the norm.

But issues arose when Ashmore was scheduled for medical exams in three different cities across Texas and Florida, all within a week.

“We wrote them back saying, 'It's fine and dandy you want him to partake in these examinations,'” recalled Dabdoub . “He's willing to cooperate, but please appreciate that he's physically unable to endure the type of travel that you want him to do without exacerbation of his medical condition,'” Dabdoub recalls.

But the NFL “refused to budge,” and after some back-and-forth discussions over whether it would be amenable to granting accommodations to Ashmore, his application was abruptly denied.

“While we were awaiting a response to that specific request, we were blindsided with a denial letter that basically said, 'You didn't show up to your examinations and that's an automatic denial.' It was as simple as that,” Dabdoub said.

Ashmore appealed to the NFL Disability Plan Board, who “rubber-stamped” the denial.

At that point, a lawsuit was the “only logical next step,” according to Dabdoub.

Throughout the year and a half of litigation that followed, Dabdoub was disappointed with the way the defense fought their case.

“They had maintained their position entirely, that he just didn't show up and it's that simple. It isn't. It wasn't. It can never be. Because these players are in horrific shape. It was not necessary to have fought until the bitter end.”

The NFL and their defense team, Brian Douglas Equi of Goldberg Segalla in Orlando and Michael L. Junk of Groom Law Group in Washington, D.C., did not respond to requests for comment before press time.

At one point, the defense threatened to file a motion for sanctions against Dabdoub, arguing that he'd brought a frivolous case.

“Of course, nothing can be further from the truth, as evidenced by the fact that we won the lawsuit,” Dabdoub said.

The win could have implications for future cases brought by NFL players — an issue that is particularly prevalent, according to Dabdoub.

“We're increasingly getting calls from former players who are being denied for lots of reasons. Who knows what's going on behind closed doors? It's not for me to say, but it seems that they should be paying a lot of these players when they're not,” Dabdoub said.

Meanwhile, Ashmore is part of another case against the NFL, which will settle thousands of concussion lawsuits against the league by former players diagnosed with brain injuries. The settlement covers about 20,000 NFL retirees over a 65-year period, with payouts for players or their beneficiaries.

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