Claiming occupational pension through ill health

louisram

I have only just found this site, and i was interested to see if anyone had or is having the same problems that i am having.I am 40 years of age and have degenerative disc disease and spondoloysis of the lumbar region of the spine.I worked in my occupation for 19 years before i lost my job last December on health grounds.I have a pension with standard life through my ex employer.I have for the past 7 months been trying to claim access to my occupational pension, as i have ceased my occupation through a disability! ( standard lifes terms and condition wording). They refuse to pay out with no explanation!,I have now asked the pension advisory service to have a look, as i feel very angry.I will not be able to return to my occupation as it is degenerative!! What state do you need to be in to claim your OCCUPATIONAL PENSION?

Aegis

Have you called up specifically to ask this issue, or have you just received a letter? If the latter, it would definitely be worth calling up, as they are obliged to explain their decision to you so that you can understand why you can't get access to your pension.

louisram

I have spoke to the admin people? They said that the chief medical officer had looked at it. He has said that i dont meet the criteria laid down by her majestys revenue and customs?! That's it!

dunstonh

The registered medical practitioner needs to declare that you are unable to do you job for medical reasons both now and in future.

What did the medial report say?

louisram

My consultant surgeon has sent 2 reports to them with info regarding condition,disabilities and restrictions.He also wrote to my employers stating i needed to change career.This letter lead to my contract being terminated.He has suggested i try and get back to some light work.I think this is what Standard life have a problem with.My issue is with their terms and condition booklet,where it talks about not being able to carry on my occupation through a disability?, it doesn't state the word "job". I may work 5 hrs aweek on a phone which is a job,it's not my occupation that i was planning on staying in till the age of 65!

LindsayO

I think it is really unfair that the same people who give you the money get to decide whether you meet the criteria.
My pension provides two levels of pension in the case of ill-health. The lower level if you can't do your own job, but can do some job. The higher level of you are deemed to be incapable of doing any job. I have MS and have been struggling to keep doing my job, because I am afraid that I would only get the lower level, but I just can't keep going any longer.



It sounds like your scheme pays out an ill-health pension if you can't continue in your own job, so I don't see what the problem is. I called the Disability Law Service
http://www.dls.org.uk/about_us/contact.html

and they were very helpful
Hope this helps

louisram

I will try them if the pension advisory service have no joy,but hopefully the pension ombudsman will get involved.

citykid5

i recently retired due to ill health at 45,haveing worked for royal mail for 15years..to get my imediate pension payment plus a tax free lump sum it had to be agreed that i couldn't work for any employer,or was unlikely to be able to work for anybody for the forseable future,wich royal mail and atos classed as 10 years..my neurologist agreed and said so when asked for a medical report..then i had to see a atos doctor,who said my condition was progresive and that there was unlikly to be any usefull treatments..but then went on to say that i couldn't get my pension as i was to young??so i asked him to explain how he could say that my condition was unlikly to improve only get worse the go on to state i was to young for my pension???and explained that his view was required on my medical condition and not my financial future..to wich he agreed and i got my pension....your pension provider although obviously from the private sector should be made to take the same approach,,i.e health not wealth..the only problem i can see is that your doctor has said that you could work in a lighter job? i don't think that will help your case......wish you all the best ck

louisram

You're probably right but my issue is that it is an occupational pension.I've paid into it for 18 yrs with the aim of staying in it till retirement age.I now have a disability which will never go away and it has caused me to cease my occupation.Standard life state the word "occupation" not "job" or "work".

LindsayO

louisram,
two questions:
1. Is the leaflet that explains the ill health pension provision the terms and conditions or rules of the pension scheme, or is it a leaflet intended to explain the pension. Often the wording differs and as far as I can figure out its only the official rules that are binding by law.
2. What is the exact wording?

If you don't have the rules booklet the first step would be to get that. If you do, can you tell us the exact woring they use. My pension has it worded that you only get the full pension if you are incapable not only of doing your job, but any other activity that any employer might pay you for, even if such a job doesn't actually exist. So the fact that I can get out of bed and dress myself, and make a cup of tea, could count against me, because someone might pay me to make a cup of tea. So it is very hard to get the full pension

louisram

Regarding Q1 i have a "group flexible retirement plan" booklet from standard life.In it it states that the date you choose cannot be earlier than the normal minimum pesion age unless,
we're satisfied that you are,and will continue to be,incapable of carrying on your occupation because of physical or mental impairment.( in this case you must provide medical evidence to show that you've become incapable of carrying on that occupation and are unlikely to return to it.)
Regarding Q2 i also have a letter from them stating that i must meet the hm revenue and customs definition of ill health which is
"a member may take benefits at any age where the scheme administrator accepts qualified medical advice to the effect that the member satisfies the ill health condition,and so is and will continue to be,medically incapable(either physically or mentally)as a result of injury,sickness,disease or disability of continiung his or her current occupation and as a result of the ill health ceases to carry out the occupation"