Ill health retirement

Lalrmi

Hi, I have been suffering with back problems for 10 years,and managed to remain in work during this time.
I changed to various roles to help my condition, I have severe osteoarthritis,, lumbar and spinal stenosis,and quite likely arachnoiditis.
I had a discectomy in February 2018 that worsened my condition, it was stated by my neurosurgeon that he would support ill health retirement as there is nothing more he can do as every intervention makes matters worse,he told me I will have bad days and very bad days, and to manage my medication and exercise the best I can and to make the most of any good days .my own gp says more or less the same, and my works Dr supports ill health retirement, I'm 53.
However I went to see an independent Dr provided by the pension.lgps..
He bluntly said it's got nothing to do with those people, he decides, he generalised my condition to say it's quite typical of the ageing process and if I was older then it wouldn't be a problem getting a pension, but he believes that in the remaining 13 years I have to work, I may be able to pick up some part time work.but agreed I would be unreliable for full time work.
That would obviously have a huge financial impact on myself.both the neurosurgeon and my own gp state that my condition will not improve significant.
And both agree being allowed to manage my condition using medication and making use of any good days will be the best for my long term health.
The independent Dr has yet to write his report (2 weeks), but I felt very negative following his consultation, he also stated that depression was very insignificant as it's quite typical with my condition.
Any help or advice would be appreciated.

AlanP_2

What is your actual question?

The Employer / LGPS need to be satisfied that ill health retirements are in line with the rules of the scheme / employer.

To assess eligibility they use a qualified, external, independent assessor to advise them on the medical situation. They will typically contact GP / Consultant to get specific details.

Sounds like process is being followed.

hyubh

Lalrmi wrote: »

my own gp says more or less the same, and my works Dr supports ill health retirement, I'm 53.
However I went to see an independent Dr provided by the pension.lgps.

He bluntly said it's got nothing to do with those people, he decides

More exactly, it is your employer's decision, following assessment by an independent registered medical practitioner (IRMP) appointed by them (https://lgpsregs.org/schemeregs/lgpsregs2013/timeline.php#r36).

he generalised my condition to say it's quite typical of the ageing process and if I was older then it wouldn't be a problem getting a pension, but he believes that in the remaining 13 years I have to work, I may be able to pick up some part time work.but agreed I would be unreliable for full time work.

From the horse's mouth - assuming you are an active member of the LGPS, the requirements according to the scheme regulations are as follows:

(3) The first condition is that the member is, as a result of ill-health or infirmity of mind or body, permanently incapable of discharging efficiently the duties of the employment the member was engaged in.

(4) The second condition is that the member, as a result of ill-health or infirmity of mind or body, is not immediately capable of undertaking any gainful employment.

https://lgpsregs.org/schemeregs/lgpsregs2013/timeline.php#r35

The text then goes on to elaborate three tiers of ill health retirement, however to get even tier 3 you must satisfy the covering requirements. Now, you may do, but you need to focus on them rather than the opinions of your own GP.

Lalrmi

Thankyou for the replies , but the main questions were ,if my neurosurgeon stated that there is nothing more than can be done, and he believes ill health retirement is the way forward, then surely he is the specialist in the conditions, if he, along with my own gp and the employers gp all agree that in their opinion they believe I will be unfit to continue in the role I am doing , how can an independent Dr have conflicting views, it appears to me that he has a different agenda,and that is to prevent you from getting your pension.and also if he agrees that I am not fit for full time employment, but some time in the future I may be able to do some type of part time work.obviousy a sweeping statement like that will have a massive impact on me financially, however I was under the impression that the 30 odd years I have paid into my pension was to safeguard me from a situation like this.
Causing all sorts of unnecessary stresses and anxieties which is not helpful.

hyubh

Lalrmi wrote: »

Thankyou for the replies , but the main questions were ,if my neurosurgeon stated that there is nothing more than can be done, and he believes ill health retirement is the way forward, then surely he is the specialist in the conditions

As said before, this does not trump the scheme regulations.

I was under the impression that the 30 odd years I have paid into my pension was to safeguard me from a situation like this.

Do you believe you qualify for an ill health retirement under the regulations I quoted or not? That is the crucial question...

If you think you do and, on applying, have the application turned down, raise a formal complaint - in the lingo, it will be an IDRP stage 1 appeal. This will need to be with your employer - after that there's the possibility of an IDRP stage 2, and after that, taking your case to the Pensions Ombudsman.

BobQ

hyubh wrote: »

More exactly, it is your employer's decision, following assessment by an independent registered medical practitioner (IRMP) appointed by them (https://lgpsregs.org/schemeregs/lgpsregs2013/timeline.php#r36).



From the horse's mouth - assuming you are an active member of the LGPS, the requirements according to the scheme regulations are as follows:

(3) The first condition is that the member is, as a result of ill-health or infirmity of mind or body, permanently incapable of discharging efficiently the duties of the employment the member was engaged in.

(4) The second condition is that the member, as a result of ill-health or infirmity of mind or body, is not immediately capable of undertaking any gainful employment.

https://lgpsregs.org/schemeregs/lgpsregs2013/timeline.php#r35

The text then goes on to elaborate three tiers of ill health retirement, however to get even tier 3 you must satisfy the covering requirements. Now, you may do, but you need to focus on them rather than the opinions of your own GP.

Your advice is sound. However, I wonder if the current rules apply if the OP is/was part of an earlier LGPS and has any more favorable reserved rights?

Lalrmi

Many thanks for your kind replies, it does make a little more sense to me now.
It was my employers suggestion to go for ill health retirement, and I've been in the pension scheme since 1988.one of the conditions of employment is doing 30 hours a week every week for a full 12 months,which is something I cannot commit to due to flare ups etc, as the condition is a degenerative one and with the balance of probabilities it seems very unlikely, which the independent Dr also agrees with, however his mention that 13 years is a very long time and at some point in the future I may, the word being may be able to do some part time work is concerning, I agree I may, but then I may not, none of us have crystal balls, i do feel I qualify for ihr. Thanks again for your replies, it is very worrying and concerning as I still have a mortgage and bills to pay...thanks