Nhs pensions ill heath application refused

edited 30 November -1 at 1:00AM in Pensions, Annuities & Retirement Planning
48 replies 29.6K views
dontunderstanddontunderstand Forumite
23 Posts
Hi, I was just wondering if anyone has any knowledge or has known anyone get ill health retirement due to mental health issues?

My wife had a nervous break down in 2007 after a build up of stress at work the prev 12 mths. After about a yr it was evident she would never return to her prev job due to the anxiety & also depression which followed. Her GP felt a return to her high level of stress job would not be beneficial to her mental state. She applied & was turned down. She appealed the decision & was again refused as in their opinion all avenues of medical intervention had not been explored.

She has not made any recovery & sadly has become a recluse & cannot really deal with anything. Following her GP's advice I sent a further appeal in, & she has been rejected yet again! I am at a loss with this! Again they have said "not all mi been exhausted" She is on long term incapacity benefit & sent their report in as part of the evidence, she has been treated by 3 different anti-depressents over the first 2 yrs, but has not been treated for the anxiety, she has seen a counsellor through her gp referring her. She is 56 & has now been off work for 4 yrs! Her normal retirement age is 60.

Prior to appealing i accompanied her to her GP appt to ask if there was anything else could be done such as physchological intervention & he said it was not always appropriate & he urged us to appeal & gave a letter of support stating that in his opinion she would never be able to return to her career & she is a shadow of her former self!

She can appeal one last time but obviously feels it will be a waste of time! Her depression appears to be returning. I understand what they are saying but she has tried everything her dr has recommended & obviously it is not her fault if he is satisfied that appropriate treatment has been made. I think they're undermining her GP & saying he has been negligent in her 4 yr care of the situation.

I do feel angry about this as everyone who knows her can see the problem, the Drs who have assessed her - DWP & GP both accept she is unfit to return to work, but these ATOS Drs who have never seen her can make decisions re her quality of life! Loss of her job has meant a very frugal lifestyle! I'm annoyed too that the drs for DWP are also ATOS, but in their rejection letter they point out that DWP are looking at the present whilst they have to look to the probability of the future. Jeez, if she can't work the first 4 yrs forgive me for thinking she's not gonna make it the last 4yrs!!

Any thoughts would be much appreciated.
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Replies

  • JOHNGTJOHNGT Forumite
    108 Posts
    Take your case to the Pensions Ombudsman:

    http://www.pensions-ombudsman.org.uk/

    They will investigate and make a ruling free of charge.
  • Thanks JOHNGT, It said she could have 1 more internal appeal then if still unhappy could go to pensions ombudsman.

    I was just wondering if anyone on here knows of anyone ever being succesful with ill health on mental illness grounds?
    Thanks, dontunderstand
  • dialysisdialysis Forumite
    1.8K Posts
    Hi sorry to hear about the trouble you are having with regards to your wifes pension, i sympathize and know how you feel. My husband has had his refused too, and the reasons were the same. My hubby has had his contract of employment terminated by the NHS on health grounds and his pension refused last november. We have appealled against the decision but do not hold out much hope as he had his DLA and ESA applciations refused too, all by ATOS. His is not just mental health issues but they gave there reasons as all procedures and treatment had not been exhausted. He has been told he is suffering from ME/Chronic Fatigue Syndrome, Non alcoholic fatty liver disease, depression which he denys being depressed, and a gene problem and he still cant get it. His doctor is continuing to sign his sick notes and agrees he should not be at work but these ATOS doctors do not know him, so like you we are totally at a loss of what to do. I do not know how we will survive if he does not get his pension. I wish you look with your wifes appeal and agree go to the pensions ombudsman
  • edited 28 February 2011 at 11:12PM
    dontunderstanddontunderstand Forumite
    23 Posts
    edited 28 February 2011 at 11:12PM
    Thanks for replying, I hope things turn out for you both on appeal.
    I sent ours in October & we have just received the reply! her employment was also terminated due to her incapacity.

    I think first point of call is to back to her GP to see if he can offer the treatment they obviously want to see has been tried. I suppose the fact the ATOS drs who have seen her accepted her claim is a good thing but part of the reasons they gave was that the last DWP report stated she should make significant progress within 12 mths, they quoted that even though the report was dated August 2008!

    They obviously don't really read things through, as if that had been the case she wouldn't have been accepted again after the 12 mth period ended in August 2009! They even accepted her without calling her for further assesment she just had to complete the form! So their prognosis was wrong as it's now been a further 2.5 yrs. At least I will be able to point that out to them & I am going to write for a copy of all the data they used in their assesment.

    I'm finding it very frustrating that one lot of ATOS dr's accept she cannot work but the other ATOS drs don't accept she will be permanently incapable!!
    I think after 4 yrs with no evidence of getting better, she has proven that by the balance of probabilities that they're supposed to use she probably won't return before just another 4 yrs. I could understand if she had a lot more yrs left to improve.

    I've just been chatting to someone whose wife retired from teaching for the same reasons about 5 years ago. She got her ill-health pension & 2 years later was fit enough to start a small franchise business that she has grown to 3 times the start size. She just isn't allowed to return to teaching that's all.
  • Has anyone had a successful claim???
  • dialysisdialysis Forumite
    1.8K Posts
    Hi dontunderstand I myself was lucky when I applied for mine 4 years ago, I had also to retire through ill health bt only got the tier one even though my consultant stated I had only a 25% chance of remission from my illness. I think now though it is a lot harder to get and apart from if you have lost limbs or on deaths door its very difficult to get. It annoys the hell out of me when its your money in the first place, good luck with yours though:) My hubby has been told by the NHS pensions department he should get a result for his around 15th March but dont hold out much hope
  • Hope your husband gets a positive result Dialysis, good luck.

    My wife's application was under the old rules (pre ap 08) & she just has to prove she cant do her current job, but as she no longer has that job i was hopeful she would get it. Going to go to see her GP next week to see if he can help anymore... I'd be interested to know if you were succesful so will check out the thread to see if you update, cheers dontunderstand.
  • PennyForThem_2PennyForThem_2 Forumite
    715 Posts
    Part of the Furniture 500 Posts Combo Breaker
    ✭✭
    Did your wife belong to a Union? If so, could they help?
  • No, unfortunately she doesn't.
  • Hi, new to this forum, but found you when I put in NHS pension on ill health grounds refused! yes I am another one. I am a nurse and after a serious back injury in 1997 I was off work for nearly 6 months. But I improved so went back to work. I was okay for 3 years then the pain started to get worse again...eventaully had an x ray, small fracture of spine. So, tried again, had time off went back to work etc but the pain in my legs as well as back wasawful, some days I couldn't move... and guess what the NHS refused my pension! even though it was the b.......y NHS that CAUSED my injury!! So, I appealed, was put back. Now have just re applied, after a few falls it is getting worse...I only have 4 years till I am 60 and due for it anyhow, but these ATOS staff - who have no idea of the hell you go through - well they don't give a toss. what annoys me is that for half of my life I paid every month into this scheme - yet THEY treat us all like it's their money!! But, this time I won't give in, I 'm all ready putting a letter together for the ombudsman..cause I know it will be turned down. I have read your accounts with grief, what these people are putting others through is disgraceful.
    We must not give into this crap - we should all complain about this. who are ATOS anyhow? I thought it was something to do with IKEA...
    Good luck everyone.
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