Work medical retirement or dismissal uncertainty

Somerset

An update

She's had a letter from her employer, I've read through it twice and tbh I'm a bit surprised/confused by something.

The first bit mentions the uncertainty about return ( ok ) and that they've given considered adjustments to the workplace to accomodate her BUT here's the bit I don't get. In my first post I said she had two operations last year because of mobility problems. This may or may not have brought about the depression. In the letter the adjustments they offered related to the mobility issue. There is nothing there about the depression. They will appoint and pay for a consultation with a mobility specialist, but there's nothing about a consultation with a pychiatrist ( sp ) or specialist re the depression. Bear in mind she's been signed off work by her GP four times ( 4 * 1 month ), the first time re the mobility, the latter three times as 'depression'. I don't understand why there's no acknowledgement of the depression which is clearly the real problem. They've concentrated solely on the physical mobility issue which isn't the problem - she is easily mobile enough to return. It's the depression that's keeping her away. I may be paranoid but .... any idea's or feedback ?

Debt_Free_Chick

Somerset wrote:

In my first post I said she had two operations last year because of mobility problems. This may or may not have brought about the depression. In the letter the adjustments they offered related to the mobility issue. There is nothing there about the depression. They will appoint and pay for a consultation with a mobility specialist, but there's nothing about a consultation with a pychiatrist ( sp ) or specialist re the depression. Bear in mind she's been signed off work by her GP four times ( 4 * 1 month ), the first time re the mobility, the latter three times as 'depression'. I don't understand why there's no acknowledgement of the depression which is clearly the real problem.

hhmmmm..... that seems odd to me, too.

I would write back (either on her behalf or draft a letter for her to send), something along these lines

Thank you for your letter of xx January 2007. I appreciate the understanding you have shown to my disability issues.

I am willing to be assessed by your chosen consultant, but I would mention that mobility is not currently the cause of my disability.

If you refer to the most recent GP notes sent to you, you will see that currently I suffer from despression. My mobility difficulties were successfully dealt with by surgery last year.

Could you please confirm that your consultant's assessment will be based on the depression I am currently suffering? If not, could you please explain why?

Yours sincerely .... etc

Keep us posted as this is very interesting.

Thanks

Somerset

Thanks Debt Free

I'm a cynic - I always look for underlying motives. Initially my thoughts were :

1) The employer could be trying to be kind. There is a PHI scheme which they've indicated they might put her forward for. But she wouldn't qualify, the mobility problem isn't that bad plus more surgery could eradicate it completely. That's only a could ... but 'permanent' to my mind means definate, non-recoverable etc etc.

2) The employer doesn't want to acknowledge the depression because it's a 'disability' and is more complicated re dismissal. Obviously they can still dismiss, but I understand it adds another layer to the requirements. Plus it opens up disability discrimination which is more fraught . Like I said, they still can ... but ....

I really feel she needs to speak to a specialist ( employment law ? ) before she sends any letter. Do you think that's a good idea and will they do a half hour free ?

Thanks

feather_2

It's in your niece's interest that you stay cynical/paranoid! A pension involves a great deal of money for the company, particularly if it is to be paid earlier than retirement age, and the decision is likely to involve people in the parent company who do not even know your niece personally.

I think there may be some confusion re the 'mobiility consultant'? My guess would be this is someone who could advise on physical improvements to your niece's working area to take account of mobility problems. Employers have a duty to make adjustments, where possible, to enable an employee to continue working ie they must have the same opportunities as they would have if they were not suffering a disability. The company are therefore right to offer this - and fulfilling a legal obligation.

But they are not offering anything that might help with your niece's other (primary) reason for being unable to work, ie depression. I'm not sure what this could be, though, other than perhaps offering her the chance to return on a part-time basis, a different, less stressful job, or maybe paying for counselling?

Does the company provide private medical insurance?

You absolutely must get hold of a copy of her pension rules. At the very least, study her 'terms and conditions' to see whether there is mention of a pension being payable in the event of ill-health/incapacity precluding a return to work. If so, how is 'ill-health' defined? Is the pension discretionary?

Don't worry for the time being about how long any pension would be paid for -to start with, the company would want a letter from her GP and may be entitled to ask her to see a specialist (or their company doctor) to confirm that she is unable to work due to the reasons stated. If the 'medical pension' was granted, she would probably then be required to provide proof every so often that she was still in that position. That may entail further medical reports, or further visits to a specialist.

I'm not an expert but I am currently in that position myself, and my doctor has to write a report every couple of years to state that in her opinion I am not capable of doing my previous job, or one similar. If this was not the case, and I was still below pensionable age, then the pension would be stopped at that stage.

In terms of a letter at the moment, would it be appropriate simply to write thanking them for their concern and stating that unfortunately she is still suffering from severe depression and her doctor has not yet advised when she will be able to return to work? Also say that she is, of course, grateful for their offer to look at accommodating her physical limitations on her return. I would be inclined to say as little as possible, but in a 'nice' tone.

Depression can be a very debilitating condition, and your niece is fortunate to have a caring aunt to help her through! It can be hard on carers too.

By the way: do you know about incapacity benefit? did your niece's employment contribute to her current state?

chateau_2

Any advice welcome:I am a male 57 yrs old nurse being retired on medical grounds, following two heart attacks and a spine operation. I have not received my lump sum or my monthly pension yet. I guess it will be about £45,000 lump sum add about £800.monthly. I have a mortgage of £48,000 left to pay,although I do have an endowment to cover for most of that in 8 yrs time.My wife is 56 yrs old and working fulltime as a nurse as well. My son,22, is in his first year at uni. I have no other big debt or any saving to speak of. We can continue with the mortgage; I don't which is best, pay the mortgage off or save the lump sum. The boss has plans to do the bathroom and the kitchen. Any thoughts would be most welcome .thankyou.