What is balance of probability

swheatley

Hi there

For those legal beagles; I would be grateful for a steer please.

I have applied for NHS ill health pension (preserved benefits) and know from previous threads that it is a process fraught with difficulty and potentially disappointment!

To qualify for ill health retirement for preserved benefits you need to be able to demonstrate permanent incapacity, which is difficult to do as specialists do not like to make this prognosis. The decision is then made on " the balance of probabilities"; what does this mean in reality and how can this be measured practically.

Any help would be appreciated as the process is stressing me out and increasing my pain. I applied on 4th July and still have no decision even though they have written to my GP and Specialist. Everything takes so long which is just what you don't need. I am in receipt of DLA HRM and HRC which I have notified the pensions advisers of ( I know this does not have huge influence as they assess against different criteria, not how you are now, but how you are likely to be). I know I should ring them and ask where my application is in terms of the process, but I am so stressed I wimp out. I know me ringing will not affect the outcome, but I'm stressing and worrying, but burying my head at same time; totally out of character for me.

Anyone had experience of NHS ill health retirement process?

Sorry for convoluted post

Thanks for reading

Parva

Errrm, you've not once described how / why you are incapacitated. Is this down to the job or other factors?

skintmacflint

Why not just take a deep breath and phone to ask later today. It's really the only way to find out. Hopefully it will put your mind at rest before the weekend starts. .

rogerblack

swheatley wrote: »

To qualify for ill health retirement for preserved benefits you need to be able to demonstrate permanent incapacity, which is difficult to do as specialists do not like to make this prognosis. The decision is then made on " the balance of probabilities"; what does this mean in reality and how can this be measured practically.

There are broadly two general standards of proof in english law.
'Beyond all reasonable doubt' and 'balance of probabilities'.

It simply means 'more likely than not'.
Exactly how this is assessed is going to vary.

HB58

I was dismissed on health grounds in 2011 and successfully claimed an enhanced NHS pension shortly afterwards. I was expecting all sorts of problems but the process was very quick and easy (I suspect my GP must have done a very good letter when approached by the pension provider!).

One thing I did was to write to my surgeon and ask him whether, on balance of probability, he thought my condition would improve over time. He replied saying 'no'.

swheatley

Hi to those who replied.

HB; I guess I am just worrying myself sick over this as most of the stories I read are negative. I may contact my surgeon and ask him the question. I know my GP is very supportive and he has completed the form. :r

Roger; thank you for putting it in plain English.

Parvati; my issue is not related to the job, but is a pathological back problem ( tumour) which is inoperable. I have applied for preserved benefits.

I am going to take the bull by the horns and ring them on Monday; I will post an update! :j

S

Katykat

My case was the same as HB58. Maybe its something to do with whether the NHS dismisses you on health grounds or whether you are asking to finish on health grounds. I went through the whole procedure of being on a list to see if a " lighter" job came up, when that failed I was dismissed and HR recommended an enhanced pension to NHS pensions. I also got 3 months salary in lieu of notice during which time my pension was sorted and I got my first payment. I have to say I was surprised as I too expected more hassle than I got. Thank goodness it went smoothly. Hope you get it sorted soon.

swheatley

Thanks KatyKat

I guess my stress is due to the fact that I no longer work for NHS ( left 3 years ago) and am therefore on my own with the process. No HR or Occy health to guide me through and no union support.

I will have to meet tier 2 criteria, but will only be paid tier 1 benefits as enhancements cannot be paid to deferred members.

Just to have responses and words of encouragement is so supportive as I think people who have gone through this really understand.

I have had a really bad week with pain and fatigue that its all getting on top of me, plus I finished work today ( not NHS) from a job I loved!

I feel like I've had the stuffing kicked out of me.

Onwards and upwards!

Anselm

Balance of probability is "more likely than not", rather than "beyond reasonable doubt".

swheatley

Hi everybody

Thank you for all of your responses. It is more likely than not i will ring NHS pensions on Monday and put myself out of my misery!

I will post an update

S :T

HB58

I had to apply for mine without any help too, my union said they would only get involved if I was turned down initially. I downloaded the forms online, just phoned the helpline to make sure I had got the correct ones.

I am sorry to hear about your tumour. I wish you luck with your application.