Ill health retirement appeal - Please help!

Cobwebs

Hello all,

Long story, I will try to summarise the best I can...

I worked for the council from 1992 to 2010 when I entered into a an "agreement" with my former employer which resulted in the termination of my employment, can't really say much else about that.

Due to my ill-health I haven't worked since, and of recent my health has declined.

I applied for ill-health retirement (LGPS) back in April this year and it's been one catastrophe after another. Team Prevent were hired by the council to assess my case, they have been worse than useless. It took them 3 months to get in touch with my GP, the information they got was incomplete and pretty much useless as I understand it.

They arranged a telephone consultation as I was unable to attend the medical assessment in person, this did not go well, my memory is very poor under stress. I did tell the doctor carrying out the consultation this during the assessment and also wrote a letter with additional information that I'd forgotten.

I have provided them with information from Occupational Health from the council which shows all of the treatment I had during my time working with them, some of it was incomplete, and they are unable to find the reminder. I have also given them letters from various professionals, medical and otherwise which support my case.

I have dealt with many, many people over the past 8 months, none of them seem to know what's going on, I've been given lots of conflicting advice and I still don't know the outcome. I received Team Prevents Doctor's recommendation to the council, the Dr said with the right treatment I will be fit to return to work within the short to medium term so she cannot support an ill-health retirement decision at this time. As I understand it, the council does not have to act solely on her recommendation but they have not written to me with their decision. Also, I haven't been well enough to work since 2010, what makes them think I can jump straight back into it now? I feel the doctor who assessed me wasn't qualified to make a judgement on my case as she specialised in another field, Team Prevent will not give me information on her other qualifications, if any.

I have recently had another medical assessment with the NHS who have given me a full diagnosis, with this new medical evidence it gives me a better case for ill-health retirement. I would like to know if it would be easier to appeal against the decision (which I'm still waiting on! I have contacted them again and they haven't got back to me) or to apply again.

I have looked everywhere online and through these boards for a similar situation, lots of people have trouble with the tier system and such (I also don't understand if this affects me, I was told I don't get the tier system as Im on the old pension scheme?) But I can't find anyone applying for IHR when they no longer work for their employer. Team Prevent and the council don't seem to know anything about the appeals process, who I appeal to, what information is needed, I have asked numerous times and they seem to have overlooked those questions.


Thanks for reading...

woolly_wombat

You might find this thread useful, particularly with regard to the appeals process, should that become necessary:

https://forums.moneysavingexpert.com/discussion/5116933

It is also instructive in demonstrating that a large proportion of LGPS ill health complaints that eventually reach the Pensions Ombudsman are upheld in the complainants' favour.

Additionally, a poster on that thread has obtained ill health retirement from a previous employer.

Good luck.

WW

Cobwebs

Update -

Ok, so I have some additional medical evidence from November last year, I spoke with my employer who said if we send in the new evidence they will consider the case for ill health retirement again.

I have sent the new information, 3 reports, one from my GP, one from an ATOS assessment and one from a consultant. There is a full diagnosis and treatment plan within the reports, my GP stated that my illness is lifelong.

The doctor appointed by my employer to look at my case has asked for a prognosis, I'm not sure why, as they have all of the information available to them, surely it is up to the doctor reviewing the case to give a prognosis?

Any advice?

Thanks.

greenglide

I assume that the pension scheme want a definite ruling about your life expectancy? If the evidence simply said what was wrong without giving any information about life expectancy they would need more.

Sometimes doctors are reluctant to state this in documents that the patients see?

woolly_wombat

The LGPS regulations for early payment of retirement on ill-health grounds for deferred members can be found here:
http://www.lgpsregs.org/index.php/illhealth?showall=&start=3

It looks as if the doctor appointed by the employer will need to establish the prognosis in order to determine whether you are eligible for Tier 1, Tier 2 or Tier 3 benefits (for which they will need to determine whether or not you are likely to be able to work again before normal pension age and if so whether or not you are likely to be able to work again within the next three years) for an explanation see:
http://www.lgpsregs.org/index.php/illhealth?showall=&limitstart=

WW

System

Cobwebs wrote: »

Hello all,

I received Team Prevents Doctor's recommendation to the council, the Dr said with the right treatment I will be fit to return to work within the short to medium term so she cannot support an ill-health retirement decision at this time.

Hi

This suggests a Tier 3 Ill Health Level case.

##############

Team Prevent Physician review
Team Prevent’s Physician will review existing medical evidence to establish if it supports the case for ill health retirement. If additional medical information is required, you may be requested to attend an appointment to see Team Prevent’s Physician and/or your GP/Consultant may be asked to provide a report.

[FONT=&quot]
[/FONT] Independent Occupational Health Physician review

If there is sufficient medical evidence to support the case for ill health retirement, it will be referred to another Occupational Health Physician who has had no prior involvement with your case and is therefore independent, for a second opinion.

#################################

You can formally appeal against this decision under the Internal Disputes Resolution Procedure.

#########

hyubh

woolly_wombat wrote: »

The LGPS regulations for early payment of retirement on ill-health grounds for deferred members can be found here:
http://www.lgpsregs.org/index.php/illhealth?showall=&start=3

Having left in 2010 the OP will still fall under the 2008 scheme regs (those are the 2014 scheme ones), however they are essentially the same on this topic:

http://timeline.lge.gov.uk/LGPS2008Regs/SI20140044/20071166.htm#reg31

edwolf88

LGPS ILL HEALTH RETIREMENT

Hi,

I’m looking for advice.

firstly

Just had my contract terminated today, so now I can start ill health retirement proceder as i already been seen by independent Dr.

I have been placed into tier 2. At present I am in much pain and in need of a operation to my spine and was told by the independent Dr that the only reason I was not placed in tier 1 was if the op was to be successful it could make an improvement and all avenues of treatment needed to be exhausted before tier 1 could be given.

I will be seeing my surgeon in the next month with the much needed weight loss he proposed before he could place me on the waiting list.

But by being placed in tier 2, I have only 10 weeks to appeal the decision from today. Problem being waiting lists and consultant appointments are taking much longer than 10 weeks so if there is no improvement at a later date I cannot appeal and would stay on tier 2 indefinitely. To my understanding this op is not always successful.

Secondly

Not having been in the LGPS for very long, 13 years I have not got a big pension. I am 56 and have been on long term sick for 3 years without company sickness benefits for quite some time.

Instead I have been having

ESA Contribution based support group
DLA high Care and Mobility component
Industrial injuries allowance with reduced earnings.
Also wife gets carers allowance for looking after me.

I will receave an ill health retirement benifits which are

total retirement grant tax free( lump sum) of £7,599
Total annual pension £7,722 taxable

I called the ESA helpline to find out if I needed to inform them of this extra income. They said I would lose £49p.w. from my esa payments. (if its paid weekly)

So i done a rough calculation

Weekly pension £148pw after tax £118 then a £49 deduction from ESA

So this makes a gain of £69……….should I take a bigger tax free lump sum to stop them deducting so much tax and ESA

Tiddlywinks

Firstly, as your query is very different from the one from the original poster, I'd suggest deleting this post and starting your own thread.

This will save everyone from having to wade through lots of posts that aren't relevant to your questions.

Then you are more likely to get a response.

edwolf88

how do i start own thread i have been looking