LGPS ill health retirement Tier 2

Orangelady

I have recently been assessed by occ health for ill health retirement (lgps 20 years service). OH Dr has told my employer I meet criteria for Tier 2 im now waiting to hear from employer and their decision.
At appointment OH dr said he would find it difficult to support a tier 1 award as I'm only 40 and although I have had illness for 19 years because I pushed myself to work during that time and got into a boom bust cycle he doesn't have evidence I won't recovery enough to do gainful employment of 30 hours in the future. I have only ever worked max of 14 hours since I've been employed due to this illness and he has put in report I am permanently unlikely to be able to return to my post.
At the appt OH Dr said I possibly won't recover enough for gainful employment but the award can be reviewed after 3 years, if there is no improvement or deterioration of my health I can then be awarded tier 1 as he would have evidence that 3 years of rest haven't made any difference and he would then have evidence that I then met the criteria. I queried this with him as I didn't think tier 2 was reviewed, but he said he can be if no improvement and it's then clear I meet criteria for Tier 1 at this later date.
So is OH dr correct? He hasn't mentioned a review in the report which has been sent to my employer. Also, does anyone know if i automatically get the lump sum I would have got at 68- I have service since the 1990's?

Pun

Orangelady wrote: »

I have recently been assessed by occ health for ill health retirement (lgps 20 years service). OH Dr has told my employer I meet criteria for Tier 2 im now waiting to hear from employer and their decision.
At appointment OH dr said he would find it difficult to support a tier 1 award as I'm only 40 and although I have had illness for 19 years because I pushed myself to work during that time and got into a boom bust cycle he doesn't have evidence I won't recovery enough to do gainful employment of 30 hours in the future. I have only ever worked max of 14 hours since I've been employed due to this illness and he has put in report I am permanently unlikely to be able to return to my post.
At the appt OH Dr said I possibly won't recover enough for gainful employment but the award can be reviewed after 3 years, if there is no improvement or deterioration of my health I can then be awarded tier 1 as he would have evidence that 3 years of rest haven't made any difference and he would then have evidence that I then met the criteria. I queried this with him as I didn't think tier 2 was reviewed, but he said he can be if no improvement and it's then clear I meet criteria for Tier 1 at this later date.
So is OH dr correct? He hasn't mentioned a review in the report which has been sent to my employer. Also, does anyone know if i automatically get the lump sum I would have got at 68- I have service since the 1990's?

Have you tried asking the scheme? They should be able to tell you very quickly.

Silvertabby

Tier 2 has a 25% enhancement. This means that your pension (and lump sum) would be based on what you have accrued already, plus just 25% of service between your date of leaving and your NRA (68). Tier 1 has a 100% enhancement, so a huge difference at your age.

In my 20 years as a LGPS administrator I have never personally come across a case in which a Tier 2 was later re-assessed as a Tier 1 - but that is not to say that it couldn't happen. I would ask your LGPS for their guidelines in such cases.

Orangelady2

I checked with my employers HR and the pension dept and been told I can't ask for a Tier 2 to be reassessed at a later date.

I've been told I can appeal within 6 months of the decision to award a tier 2. Do you know if I appeal and am unsuccessful could I lose the tier 2 award and be awarded nothing? My gp said I should appeal as gainful employment is very unlikely in the future.

Silvertabby

Orangelady2 wrote: »

I checked with my employers HR and the pension dept and been told I can't ask for a Tier 2 to be reassessed at a later date.

I've been told I can appeal within 6 months of the decision to award a tier 2. Do you know if I appeal and am unsuccessful could I lose the tier 2 award and be awarded nothing? My gp said I should appeal as gainful employment is very unlikely in the future.

You won't lose your (if already approved) Tier 2 if you lose your appeal for Tier 1.

The problem with Tier 1 and your age (40?) is that medical science is advancing all the time, and very few Drs would be willing to absolutely state that you will not be capable of gainful employment before you reach State pension age.

However, as you have your GP's support, there is no harm in at least trying for an appeal.

Orangelady2

I am still sorting my appeal. The lgps dispute procedure says the stage one formal dispute should be made normally within six months of the day when you were told of the decision you want to dispute.
I have bad cognitive problems due to my illness and not sure which date the 6 months start from.
I am appealing the tier I have been awarded by my employer who based their decision on independent doctor report.

my employer told me of the decision on 11th january via telephone. Followed by letter dated 15th.

Or is it the date i saw independent doctor who recommended the tier 2 and not tier 1. I saw him on 14th December and got a copy of his report that day.

Obviously time is running out. I have someone coming to see me tomorrow to help fill in the appeal paperwork. But need to make sure I appeal by appropriate date.