LGPS Ill Health Retirement - Advice Required

andrea_louise

Apologies for the long post....

I worked in Local Government between 1987 and December 2009 when my contract was terminated due to long term ill health.

My medical conditions include, Degenerative Disc Disease of the cervical and lumbar spine, Spondylolisthesis in the cervical spine, Peripheral Nerve Damage, Osteoarthritis, De Quervains Tenosynovitis as well as other more trivial conditions. I had a sub acrimonial decompression (release of a trapped nerve in the left shoulder in August 2007) a complete disc replacement at c5/6 in August 2008, but recovery was disappointing and incomplete, and a De Quervains Release (surgery to release a trapped nerve in the left wrist) in August 2009.

I have managed so far to stay in my own home, social services pay for a personal assistant 14 hours a week, my parents live close by, and give practical and emotional support, and the local council have installed a 'carecall' system which comprises of an alarm on a pendant which enables me to alert the carecall team when activated. Should they not be able to get a response by calling me, they send someone out to check on me.

I understand from the LGPS website that: "If you have to leave work at any age due to illness, you may qualify for immediate payment of your benefits if your employer, based on an opinion from an independant Occ Health physician appointed by them, is satisfied that you will be unable to do your own job and that you have a reduced likelihood of being able to undertake gainful employment (30 hours a week for 52 weeks) before the age of 65.

An Occ Health report from May 2008 states that ..."due to the nature of this medical condition, it is likely that Andrea will not be in a position to deliver regular and effective performance"...

My Employer sent me for consultations with in house physioterrorists which identified my physical limitations as ...Prolonged sitting and standing...

At the time August 2009, when my Employer asked Occ Health to look into IHR, I was under the care of 2 consultants - My Spinal Consultant and the Upper limb consultant who performed the De Quervains Release in August 2009. My Employers Occ Health Department wrote to the upper limb consultant to ask his opinion of Ill Health retirement, NOT THE SPINAL CONSULTANT.

Is a Spinal Consultant's report critical in the decision making process? I would have thought so, because Upper Limb issue is as a result of the Degenerative Disc Disease, as is the Peripheral Nerve Damage.

The pension was declined, however.... The decision was made by a Dr G W, and according to his practice website, he is not shown as having any qualifications in Occ Health, but his special interests on the website are given as "botox and dermal filler injections"

As part of the docs submitted for consideration of the pension application were, a report from an ATOS doctor which states that This lady has longstanding problems with her neck and degenerative disc disease. This condition is likely to worsen but slowly and over many years... His summary of functional ability states that... This lady has degenerative disc disease with nerve root pain and weakness in her L arm. She is under a specialist and on moderate analgesia, she is reviewed 3 monthly. Informal obs show moderate lower limb mobility and restricted L arm mobility. Formal examination shows impairment of lower limbs and significant impairment of L upper limb, particularly the L hand. In my opinion significant disability is likely.. A report from my GP states that ...I certainly feel that things are persisting with no particular improvement and cannot personally see her returning to fitness in order to work...

None of the info shown in red above, were identified as being considered in Dr W's letter, nor did the letter identify the criteria for the IHR that I had failed to meet?

Can anyone help? I have corresponded with TPAS, but they said they can't help overturn a medical decision.:eek:

bigbigmamamoo

When I was looking at medical retiral I contacted the Disability Law Service. They have a helpline. I found them very helpful.

http://www.dls.org.uk/about_us/contact.html

andrea_louise

bigbigmamamoo wrote: »

When I was looking at medical retiral I contacted the Disability Law Service. They have a helpline. I found them very helpful.

http://www.dls.org.uk/about_us/contact.html

Thank you, I will call them tomorrow!

andrea_louise

bigbigmamamoo wrote: »

When I was looking at medical retiral I contacted the Disability Law Service. They have a helpline. I found them very helpful.

http://www.dls.org.uk/about_us/contact.html

I rang them, and have posted all of the information to them on Friday. Thank you for your suggestion, I will update you within 2 weeks, when they get back to me.

Kind regards

terryback_2

Ive the same issue as you. please can you tell me did you get ill health?

andrea_louise

Hi TerryBack, I did eventually, back in August receive IHR at tier 1. The advisor I had at TPAS was fantastic, we went through all of the paperwork from occ health and discovered that they had not followed the correct procedure for an ill health retirement. The Occ Health team were equally incompetent during the second application in September 11, they were considering it as a deferred pension, but after intervention by my TPAS ADVISER, a full tier 1 was awarded with back pay in August 12. Feel free to pm me should you require any moral support or any questions. TPAS contact details are here http://www.pensionsadvisoryservice.org.uk/contact-us
Good luck.

xylophone

I have corresponded with TPAS, but they said they can't help overturn a medical decision.

The advisor I had at TPAS was fantastic,

Puzzled - did you go back to TPAS after consulting the Disability Law Service?

andrea_louise

xylophone wrote: »

Puzzled - did you go back to TPAS after consulting the Disability Law Service?

I was already in contact with TPAS, who could not challenge the medical opinion which was based on a report from an upper limb consultant, however there was some procedure that had not been followed, my former employer (after correspondence with TPAS) gave me the opportunity to visit a spinal consultant and obtain, and pay for a report on my "spinal" condition, I had a visit to an OH doctor in April 2012, and my LGPS Pension was paid in August 2012.

terryback_2

Hi Andrea,

Thank you! (Sent you a PM)

STEPH123

Hi ive also been refused by this organisation atos i wonder what they need to accept your claim it something when whatever your medics have said mean nothing i wonder if theres away we can get rid of this atos i was told that a blind lady as she could use braille she was also refused there must be a court that can over right what atos say