Medical retirement

malcindebt

Hi, I am posting this on behalf of another member who wishes to remain anonymous.

Is it possible to'force' an employers hand to grant me medical retirement.

I'm 29, I have a problem with one of my knees that restricts the amount of movement I have. I permanently walk with a stick and suffer from chronic pain all day and night every day, I have also been told I am quite badly depressed and this is a direct result of being in constant chronic pain.

I struggle to walk more than a hundred meters without having to stop, my life feels like it is going down the toilet, I have no motivation and find myself hiding in the bedroom crying.

Over the past 4 years,since the pain became so bad I had to start taking time off work, I have had 364 sickness days, all down to the pain in my knee.

I have had various exploritory surgeries and an Anterior Cruciate ligament reconstruction (the ACL recon being my last surgery 2 years ago). My consultant has signed me out of his clinic as he says that there is nothing further he can do,short of giving me a new knee which I will not be approved for due to my age. I am now under the care of the pain clinic who are trying various coctails of medication to try and ease the pain.

I have reached rock bottom, I have a loving wife and children but I have had enough and have recently began to feel like giving it all up.

I am wondering what the chances are of being made medically retired. I work in the civil service and as such there is a medical retirement scheme.

He will be watching this thread so please can anyone help.

Andy_L

If doctors agree then yes. TBH with that amount of sick then your line mamager/HR should have already considered it under restoring efficiency action

http://www.civilservice.gov.uk/Assets/ihrpb_1_classic_plus_premium_ill_health_retirement_pension_b_tcm6-1858.pdf

Lady007

You can not force an employer to medically retire you as it is not their decision it is a medical decision. TBH at that age no employer would want to do so as it would have a huge financial impact on them if he never works again. Technically they would still be paying for him up to retirement age.

I assume they have sent you for a medical opinion? It takes minimum two DRs signature to grant medical retirement.

Not sure when your sick pay expires but that is when you need to start getting nervous as they have fulfilled most of their legal obligations by then. In my experience they may dismiss you for incapacity even though I suspect you may fall under the DDA. They are fully entitled to do so unfortunately as they will claim they can not sustain that level of absence no matter how genuine your case appears to be. Sorry - I can't think of anything positive in this situation - only that you have the right to appeal if they do decide to terminate your employment.

Have an honest word with your HR. In genuine circumstances such as this they should be empathetic

ohreally

Have a word with pcs rep as they will have experience of this situation. You need to safeguard against encouraging the start of a process which sees you not receiving a pension but having your contract terminated through incapability.

Lady007

ohreally wrote: »

Have a word with pcs rep as they will have experience of this situation. You need to safeguard against encouraging the start of a process which sees you not receiving a pension but having your contract terminated through incapability.

I can guarantee that his employer has already started the process. I am trying to warn that the process may be coming to an unfortunate end.

malcindebt

Hi,

My friend has already been through a 6 month review period,and had his case referred to a decision maker which he sucessfully passed, however continuing absence is still a problem, but the employer has given a lot of leeway to him.

He is the lowest i have ever seen him and I am truly worried for his mental state, other friends have even mentioned having him sectioned for a period of time to help him over this, but to be honest, with the pain he has he'd just fall back into the same routine, I don't think they'd section him anyway.

He is covered by DDA and all his medical appointments are covered by DAL (Disability Adjustment leave) so no problems there when it comes to absemces appointments.

I feel for him, he has asked if he can have a transfer to the office closest to his home,but they have just announced that it is shutting. PCS have suggested that it may be a possibility for him to be seconded to another gov't agency for a short while, reducing the stress of travel to and from work, and there is a jobcentre and DWP office in our town.

To be honest, I can't see why they won't give him a new knee. They say he won't get one before he's 50 as they only last 15 years and can only be done twice, so they do it at 50ish to give a better quality of life in later life. But why not give him one now, who knows what medical advancement they'll find in 15 years?

dmg24

The chances of getting a joint replacement at such a young age are near zero, and clinically their reasons are correct. Yes, there may be advances in the next fifteen years, but the NICE guidelines do take into account current research in this area.

You need to rethink your mention of 'sectioning' your friend. Sectioning only takes place as an absolute last resort, when the patient is a significant danger to himself or others, and when they will not consent to inpatient treatment. Very few people receive inpatient treatment, and a very small proportion of these are actually sectioned. Is he receiving any treatment for his mental health problems?

Lady007

A move to another office is a possibility and would be viewed as a reasonable adjustment. Has medical redeployment been explored?

It may be worth a shot at contacting "Access to work" - they may be able to offer further advice altough Im not sure if he needs to actually be at work to benefit from their services.

It sounds as he is mentally going down hill so please advise that he visits his GP about this as well. Also the civil service Occupational health people need to be made aware of this.

What does he actually do? Any scope for going part time or working from home even for a couple of days a week?

sukysue

To be honest with you I don't think a young man of his age ought to be pensioned off. I mean what is there left for him, a lifetime of benefits? He would be far better off trying to get better medical opinions and treatment. I do sympathise really I do but don't think medical retirement is the answer. For a young man like him he will lose all sense of worth and self esteem not to mention a big loss in salary.I do wish him well but it seems as if he is letting himself be a victim instead of fighting for better care. I know it's difficult to do this when you are depressed but sometimes we have to do things for ourselves and make ourselves do it. Otherwise he is just going to be shoved on the scrapheap.I am sorry I don't mean to be cruel I am just giving you my honest opinion , he needs help to stay in work it is better for him and his family in the long term.

Anihilator

He could always resign and seek DLA.

Or does he know fine he wont be approved for DLA and hopes he can blackmail cash out of his current employer.

Tbh I would have to wonder if the condition is mental rather than knee as the condition you refer to shouldnt be causing this especially not after surgery.

malcindebt

Anihilator wrote: »

He could always resign and seek DLA.

Or does he know fine he wont be approved for DLA and hopes he can blackmail cash out of his current employer.

Tbh I would have to wonder if the condition is mental rather than knee as the condition you refer to shouldnt be causing this especially not after surgery.

Is that your QUALIFIED MEDICAL opinion.

Thanks to everyone for the replies,he has read them and appreciates the time people have taken to reply.

I have been helping him for about 2 years now with his medicals, appointments etc.

His knee pain is a long term thing and has been ongoing for about 15/16 years, although it has only become so bad in the past 4 years or so.

He has so far seen 3 different consultants, the last being one of the best knee doctors in the country who actually has dealings with the Olympic Wrestling team and a premier league football team through his private practice.

There is nothing left to do. That was the opinion of the previous consultant also, even before the ligament reconstruction the consultant said he didn't believe there was to be any improvement in the pain from having the op done,and he has been proved right as my friend says the pain is worse,it has also left him with less movement than he had before as he was unable to fully complete the rehabilitation that would have given him full range of movement due to the pain.

not only is the knee painfull but it also gives way, even after the reconstruction which is done to stabalise the knee.

We have tried on 2 occasions now to claim DLA but have been refused both times as my friend is not unable to walk, and they claim he can walk unsupervised on unfamiliar routes, not that they would know as he does not go on unfamiliar routes,and in truth very rarely goes out of the house unless it is to go to work.

They also claim he has no problems cooking a meal, though he uses a stick to walk and would have to balance hot pans, cooking tools etc with one hand .

Despite evidence submitted to them that reads like war and peace with various witness statements they still won't give it him,yet I kjnow a few people who get it for stress, and bad backs who are clearly swinging the lead. He is currently in the process of appealing the latest decision.

With regard to being sectioned,that was not my idea and I am against it.

So far medical redeployment has not been explored, he is speaking with the PCS on this atm.

he works in a contact centre, desk based job. He enjoys the work, but other factors are having an affect on him.

Access to work has been explored, but to be honest it was a waste of time.

His GPis aware of his current state,but he just says he can't give any further medication other than he is on as the pain clinic will change the medication as and when needed.

The pain clinic is a relatively new experience for him, and they have the added bonus of having a psychologist there for him to speak to,so I'm arranging for him to go back, hopefully in the next couple of weeks.

I don't think deepdown he wants to give up work, but he has asked me to come on here and ask the question.

We have worked out that should he be forced to give up work he would actually be better off IF he could claim sickness benefit, he would sell his house and get a council house and basically live off the state. I believe this is the depression talking, but I may be wrong.

It is quite upsetting to see him like this and hear how he feels. I've known him for 27 years, we were neighbours growing up,and as a young lad he played every sport possible,was a fit and lively lad, and to see the change that has occurred you would not think it was the same person.