Applying for LGPS on ill-health probelms..

Charliechips

I applied for my pension on ill-health over a year ago. Lots of delays and zero communication about why it was taking so long, until 6 months ago. They told me my doctor wouldn't provide a medical report for me. I checked with GP and he said he would write a medical report (illness and medication), but OH had asked for an assessment on my capability and he was not qualified to do this.
I explained this to the Pensions Team and told them I thought they had made a mistake. They ignored all my requests for information until a couple of months ago. I wrote to say that the process has already taken a year and I was wondering what I should do. They wrote again to say my doctor was refusing to write a report for me so there was nothing else they could do about it.
I asked them that if I could find a GP who could do the capability assessment, would that be acceptable.
Eventually I received forms to take to another GP.
I found a local GP and paid £266 for a private consultation on the basis he would assess my capability. I had to pay cash upfront. I am on very low income because I am on PIP and ESA so the amount wiped me out.
Now the GP has said he wants £500 for the report cash upfront. I will have to go in to debt to pay this. So I checked first to ask if the GP felt I was capable or not of working, because I wouldn't need the report unless he could confirm that I am incapable of working.
He has said I will need to book another consultation to get the answer.
I am wondering if anyone else has had these problems trying to get their LGPS on ill-health. Does this sound normal? I thought that the OH would ask my doctor what was wrong with me, my treatments and so on and then they would decide if I am capable of working or not.
I am quite ill most of the time and having a bad time now. No fight left. I don't know what I should do. I have no money for solicitors. I worked for the authority for 37 years, left 3 years ago.
Any advice would be very appreciated.

hyubh

Charliechips wrote: »

I am wondering if anyone else has had these problems trying to get their LGPS on ill-health. Does this sound normal? I thought that the OH would ask my doctor what was wrong with me, my treatments and so on and then they would decide if I am capable of working or not.
I am quite ill most of the time and having a bad time now. No fight left. I don't know what I should do. I have no money for solicitors. I worked for the authority for 37 years, left 3 years ago.
Any advice would be very appreciated.

A few points:

• The test for getting an ill health retirement from deferred is being permanently incapable of performing the job you left the scheme doing and unlikely to be capable of gainful employment in any job for the next three years (or NPA if earlier)
• Who decides whether you pass that test isn't your GP, but either your ex-employer (if they still exist and participate in the LGPS fund) or the administering authority (if they don't), on the advice on an independent registered medical practitioner (IRMP) that they appoint.
• From what you say, I think the previous employer is the administering authority? It's a bit unclear, and if not, the latter may have a policy of asking applicants to write to them in the first instance anyway. Nevertheless, it's still the previous employer, on the advice of an IRMP they appoint, who make the actual decision.
• Assuming things are as you say, you need to raise a complaint under the 'Internal Disputes Resolution Procedure' (IDRP). This should be with the decision maker; now, you could raise one with the scheme administrator too, if the ex-employer isn't the administering authority, however it would be sensible to get clear in your own mind first who is responsible for what (maladministration of an intermediary is still maladministration, but the intermediary putting things right for their part would mean an apology, maybe some small compensation, not the actual pension into payment)
• Don't waste money on a solicitor, go to The Pensions Advisory Service (TPAS) - https://www.pensionsadvisoryservice.org.uk/pension-problems/making-a-complaint

PS - the actual scheme regulation on ill health retirements from deferred go as follows - this is quoting the 2014 version (it appears you left under the 2014 scheme), though the previous version is basically the same:

38. -(1) A deferred member who, because of ill-health or infirmity of mind or body-

(a) becomes permanently incapable of discharging efficiently the duties of the employment that member was engaged in at the date the member became a deferred member, and
(b) is unlikely to be capable of undertaking gainful employment before normal pension age, or for at least three years, whichever is the sooner,
may ask to receive payment of a retirement pension whatever the member's age.

(2) A request under paragraph (1) must be made in writing to the deferred member's former Scheme employer or appropriate administering authority where the member's former Scheme employer has ceased to be a Scheme employer.

(3) Before determining whether or not to agree to a request under paragraph (1), the deferred member's former Scheme employer, or administering authority, as the case may be, must obtain a certificate from an IRMP as to whether the member is suffering from a condition that renders the member-

(a) permanently incapable of discharging efficiently the duties of the employment the member was engaged in because of ill-health or infirmity of mind or body; and, if so,
(b) whether as a result of that condition the member is unlikely to be capable of undertaking gainful employment before reaching normal pension age, or for at least three years, whichever is the sooner.
(4) A deferred pensioner member who, because of ill-health or infirmity of mind or body, is unlikely to be capable of undertaking gainful employment before normal pension age, may ask to receive payment of a retirement pension at any time before the member's normal pension age.

(5) A request under paragraph (4) must be made to the deferred pensioner member's former Scheme employer, or appropriate administering authority where the member's former Scheme employer has ceased to be a Scheme employer.

(6) Before determining whether to agree to a request under paragraph (4), the deferred pensioner member's former Scheme employer, or administering authority, as the case may be, must obtain a certificate from an IRMP as to whether the member, as a result of ill-health or infirmity of mind or body, is unlikely to be capable of undertaking gainful employment before normal pension age.

https://lgpsregs.org/schemeregs/lgpsregs2013/timeline.php#r38

Silvertabby

As hyubh says.

From my own perspective as a retired LGPS administrator, being told to obtain (and pay for) your own medical assessment doesn't ring true - has there perhaps been some confusion on one or both sides? Even as a deferred pensioner, your (ex) employer must progress your claim through OH and it is they who will usually arrange for your medical assessment with their own approved Dr. Your pension provider can do nothing without the Dr's report, supporting (or not) access to deferred benefits on the grounds of ill health.

Are you aware that deferred benefits brought into payment on the grounds of ill health are not enhanced, in the way that Tier 1 and Tier 2 (from live employment) are? The only benefit is that the pension you accrued up to your date of leaving is paid in full, without any actuarial reductions for early payment.

How old are you? Based on your length of service, you must be at least late 50s and so could access your benefits as a normal retirement if all else fails - but waiting until you are 60 would be better, as your pre 2008 service Rule of 85 protections would soften the blow of the early retirement reductions.

xylophone

How old are you?

I worked for the authority for 37 years, left 3 years ago.

At least 56 if he started at 16.

but waiting until you are 60 would be better, as your pre 2008 service Rule of 85 protections would soften the blow of the early retirement reductions.

https://www.lgpsmember.org/more/eightyfive.php

I was looking at the above - it looks as though the RO85 could potentially apply earlier than 60 (but it does not seem as if the employing authority/administrator is minded to be helpful)?

Like you, I am very puzzled by this "get and pay for a report from a GP" business.

In such experience as I have, the employer/administrator wants a report from its own chosen practitioner.

Silvertabby

Back then, OP probably wouldn't have been allowed to join the pension scheme until 18.

Yes, the ex employer could plug the R85 gap up to age 60 - but rare, hens and teeth spring to mind.

xylophone

but rare, hens and teeth spring to mind.

You are such an old cynic!:)