ESPN league: Issue adding a player, ineligible player in an IR slot.

So I am getting this error message: Player acquisitions are not allowed because there is an ineligible player in an IR slot:

When trying to add Ty Lawson and dropping Brandon Jennings because Marcus smart is on the IR spot. Marcus however is listed with an O for out, he's expected to be out for * The third-year guard estimated that he'll be back in "about a week," which would likely mean he'll miss at least the first three games of the season.*

Since he is going to be out, for a week and has the Out designation why does ESPN see him as an ineligible player? I think last year they would not give someone the O designation unless they were out for 2 weeks? But Marcus still has the O on him so I do not see why it will not let me add him.

Also for the sake of Fairness, would it be cheap if I had my Commish manually add me if he could take a player acquisition away?