LGPS Ill Health Retirement Tier 2

Libo100

I would really appreciate some advice.  I was diagnosed with MS in 2008, my condition has slowly progressed and I was signed off sick a year ago.

I have been awarded Tier 2 IHR and I wish to appeal as I don't agree and believe it should Tier 1, I have the support of my consultant and my MS nurse.  I tried communicating with HR before my contract ended and they wrote to the Occ Health to reconsider and came back with the same decision.  

I have done researched IHR and looked at Regs for months now and feel I have a good understanding.  

I've started a list of points I need addressing:

1. My employer didn't provide a letter informing me of the Tier awarded just 1 line in a HR 'agenda'! It was not circulated before the meeting (HR called doc an agenda " My apologies this was not sent through - as such I use the word Agenda, it was more notes from our point of view....."
2. My employer is relying on the OH to make the decision for which Tier.
3. I queried with my employer whether Regs 35/36 had been followed, they say yes, I don't believe they have.
4. OH words "She is soon to be 49 years of age and I have considered Tier 2 for the IHR eligibility, mainly based on her age, considering that over next several yrs there may be some changes to the treatment availability and modes of treatment, or at the next review, as approp, her IHR may have to be sustained.

I am a member of Unison and received good support in the past however the Rep I have now is not at the same standard and I have had issues with her eg is reluctant to confirm her advice in writing, not as knowledgeable.

Should I submit a IDRP myself or is it better to do with Unison 'support' ?

Thanks for any comments
Libo

Silvertabby

Libo100 said:

I would really appreciate some advice.  I was diagnosed with MS in 2008, my condition has slowly progressed and I was signed off sick a year ago.

I have been awarded Tier 2 IHR and I wish to appeal as I don't agree and believe it should Tier 1, I have the support of my consultant and my MS nurse.  I tried communicating with HR before my contract ended and they wrote to the Occ Health to reconsider and came back with the same decision.  

I have done researched IHR and looked at Regs for months now and feel I have a good understanding.  

I've started a list of points I need addressing:

1. My employer didn't provide a letter informing me of the Tier awarded just 1 line in a HR 'agenda'! It was not circulated before the meeting (HR called doc an agenda " My apologies this was not sent through - as such I use the word Agenda, it was more notes from our point of view....."
2. My employer is relying on the OH to make the decision for which Tier.
3. I queried with my employer whether Regs 35/36 had been followed, they say yes, I don't believe they have.
4. OH words "She is soon to be 49 years of age and I have considered Tier 2 for the IHR eligibility, mainly based on her age, considering that over next several yrs there may be some changes to the treatment availability and modes of treatment, or at the next review, as approp, her IHR may have to be sustained.

I am a member of Unison and received good support in the past however the Rep I have now is not at the same standard and I have had issues with her eg is reluctant to confirm her advice in writing, not as knowledgeable.

Should I submit a IDRP myself or is it better to do with Unison 'support' ?

Thanks for any comments
Libo

Although it is your employer who (in theory) has the final say, they do tend to abide by the Occ Health recommendation.

By recommending Tier 2, your Occ Health Dr is saying that you are unlikely to be fit for work in the next 3 years, but he/she can't rule out that you will remain unfit until NRA (State pension age). 

Yes, you have the right to appeal that decision, initially through IDRP (ideally through your union), but be prepared for a long, drawn out process.