LGPS Ill health retirement -

AvivaNightmare

Hi all, 

I have been off for almost a year, following an operation on my dominat hand which left me with nerve damage and a 2nd op to sever the nerve, i am still in pain and unable to use my hand, and there is a discusison on my thumb needing fusing or the joints replaced, my left hand is approx 2yrs behind my right hand in terms of symptoms so will need operations further down the line. 
I have fibromyalgia, severe asthma, OA, neck compression and another 8/9 medical conditons with 28 presciption drugs. i applied for ESA when i went down to half pay and was put in the support group with a reassesment in 2yrs, my medcial was based just on my fibro 

Having had a review with my works OH i was advised i am still unfit for work, and he feels it is a permenant condtion. 

if i am medically retired 

am i paid 3mths notice?
do i tell ESA about any notice payment and possible tax rebate?

How long does it take the LGPS to process the medical retirement? I have written to my various consultants asking for a letter / report to support my ill health retirement 

I have a first formal absence meeting with HR and my employer so if they havent yet been advised i will need to advise them of the OH Drs view, do my employers then advise IHR or do i request it? i know the process means it goes to another independent dr for their view also. 

Silvertabby

AvivaNightmare said:

Hi all, 

I have been off for almost a year, following an operation on my dominat hand which left me with nerve damage and a 2nd op to sever the nerve, i am still in pain and unable to use my hand, and there is a discusison on my thumb needing fusing or the joints replaced, my left hand is approx 2yrs behind my right hand in terms of symptoms so will need operations further down the line. 
I have fibromyalgia, severe asthma, OA, neck compression and another 8/9 medical conditons with 28 presciption drugs. i applied for ESA when i went down to half pay and was put in the support group with a reassesment in 2yrs, my medcial was based just on my fibro 

Having had a review with my works OH i was advised i am still unfit for work, and he feels it is a permenant condtion. 

if i am medically retired 

am i paid 3mths notice?
do i tell ESA about any notice payment and possible tax rebate?

How long does it take the LGPS to process the medical retirement? I have written to my various consultants asking for a letter / report to support my ill health retirement 

I have a first formal absence meeting with HR and my employer so if they havent yet been advised i will need to advise them of the OH Drs view, do my employers then advise IHR or do i request it? i know the process means it goes to another independent dr for their view also. 

The first stage would be for your HR to refer you to the Occ Health approved Dr for an ill health assessment.  This won't be just his/her opinion - they would take data from your own consultant into account.

How old are you?  The criteria for Tier 1 ill health - the one that gives you a pensionable service enhancement to SPA - is that, in the opinion of the Occ Health Dr, you are unlikely to be fit for work again before SPA.  The younger you are, the more likely it is that the Dr will be hesitant to recommend Tier 1, especially if you are still undergoing treatment.

It may be that the recommendation is for a lesser degree of ill health - or not at all.  The only way to find out would be to go through the process, which could take some time and may not be complete before your half pay period ends.

Hope this helps.

AvivaNightmare

Silvertabby said:

AvivaNightmare said:

Hi all, 

I have been off for almost a year, following an operation on my dominat hand which left me with nerve damage and a 2nd op to sever the nerve, i am still in pain and unable to use my hand, and there is a discusison on my thumb needing fusing or the joints replaced, my left hand is approx 2yrs behind my right hand in terms of symptoms so will need operations further down the line. 
I have fibromyalgia, severe asthma, OA, neck compression and another 8/9 medical conditons with 28 presciption drugs. i applied for ESA when i went down to half pay and was put in the support group with a reassesment in 2yrs, my medcial was based just on my fibro 

Having had a review with my works OH i was advised i am still unfit for work, and he feels it is a permenant condtion. 

if i am medically retired 

am i paid 3mths notice?
do i tell ESA about any notice payment and possible tax rebate?

How long does it take the LGPS to process the medical retirement? I have written to my various consultants asking for a letter / report to support my ill health retirement 

I have a first formal absence meeting with HR and my employer so if they havent yet been advised i will need to advise them of the OH Drs view, do my employers then advise IHR or do i request it? i know the process means it goes to another independent dr for their view also. 

The first stage would be for your HR to refer you to the Occ Health approved Dr for an ill health assessment.  This won't be just his/her opinion - they would take data from your own consultant into account.

How old are you?  The criteria for Tier 1 ill health - the one that gives you a pensionable service enhancement to SPA - is that, in the opinion of the Occ Health Dr, you are unlikely to be fit for work again before SPA.  The younger you are, the more likely it is that the Dr will be hesitant to recommend Tier 1, especially if you are still undergoing treatment.

It may be that the recommendation is for a lesser degree of ill health - or not at all.  The only way to find out would be to go through the process, which could take some time and may not be complete before your half pay period ends.

Hope this helps.

Thanks I’m almost 63, so 3 years off spa. 

AvivaNightmare

Silvertabby said:

AvivaNightmare said:

Hi all, 

I have been off for almost a year, following an operation on my dominat hand which left me with nerve damage and a 2nd op to sever the nerve, i am still in pain and unable to use my hand, and there is a discusison on my thumb needing fusing or the joints replaced, my left hand is approx 2yrs behind my right hand in terms of symptoms so will need operations further down the line. 
I have fibromyalgia, severe asthma, OA, neck compression and another 8/9 medical conditons with 28 presciption drugs. i applied for ESA when i went down to half pay and was put in the support group with a reassesment in 2yrs, my medcial was based just on my fibro 

Having had a review with my works OH i was advised i am still unfit for work, and he feels it is a permenant condtion. 

if i am medically retired 

am i paid 3mths notice?
do i tell ESA about any notice payment and possible tax rebate?

How long does it take the LGPS to process the medical retirement? I have written to my various consultants asking for a letter / report to support my ill health retirement 

I have a first formal absence meeting with HR and my employer so if they havent yet been advised i will need to advise them of the OH Drs view, do my employers then advise IHR or do i request it? i know the process means it goes to another independent dr for their view also. 

The first stage would be for your HR to refer you to the Occ Health approved Dr for an ill health assessment.  This won't be just his/her opinion - they would take data from your own consultant into account.

How old are you?  The criteria for Tier 1 ill health - the one that gives you a pensionable service enhancement to SPA - is that, in the opinion of the Occ Health Dr, you are unlikely to be fit for work again before SPA.  The younger you are, the more likely it is that the Dr will be hesitant to recommend Tier 1, especially if you are still undergoing treatment.

It may be that the recommendation is for a lesser degree of ill health - or not at all.  The only way to find out would be to go through the process, which could take some time and may not be complete before your half pay period ends.

Hope this helps.

Thanks @silvertabby , I am 63 in Dec, so 3 years off SPA. I had 6 mths full pay, then took 7 weeks annual leave, then onto half pay so I've had 3mths half pay at the end of Sept so have half pay until end of Dec. Will I be given 3mths full pay notice? 
HR have had the letter from the OH Dr to say I am unfit and advises ill health retirement and hr have arranged an informal meeting in a couple of mweeks to discuss the letter from OH and process. the oh Dr has written to my consultants for reports. 

Silvertabby

AvivaNightmare said:

Silvertabby said:

AvivaNightmare said:

Hi all, 

I have been off for almost a year, following an operation on my dominat hand which left me with nerve damage and a 2nd op to sever the nerve, i am still in pain and unable to use my hand, and there is a discusison on my thumb needing fusing or the joints replaced, my left hand is approx 2yrs behind my right hand in terms of symptoms so will need operations further down the line. 
I have fibromyalgia, severe asthma, OA, neck compression and another 8/9 medical conditons with 28 presciption drugs. i applied for ESA when i went down to half pay and was put in the support group with a reassesment in 2yrs, my medcial was based just on my fibro 

Having had a review with my works OH i was advised i am still unfit for work, and he feels it is a permenant condtion. 

if i am medically retired 

am i paid 3mths notice?
do i tell ESA about any notice payment and possible tax rebate?

How long does it take the LGPS to process the medical retirement? I have written to my various consultants asking for a letter / report to support my ill health retirement 

I have a first formal absence meeting with HR and my employer so if they havent yet been advised i will need to advise them of the OH Drs view, do my employers then advise IHR or do i request it? i know the process means it goes to another independent dr for their view also. 

The first stage would be for your HR to refer you to the Occ Health approved Dr for an ill health assessment.  This won't be just his/her opinion - they would take data from your own consultant into account.

How old are you?  The criteria for Tier 1 ill health - the one that gives you a pensionable service enhancement to SPA - is that, in the opinion of the Occ Health Dr, you are unlikely to be fit for work again before SPA.  The younger you are, the more likely it is that the Dr will be hesitant to recommend Tier 1, especially if you are still undergoing treatment.

It may be that the recommendation is for a lesser degree of ill health - or not at all.  The only way to find out would be to go through the process, which could take some time and may not be complete before your half pay period ends.

Hope this helps.

Thanks @silvertabby , I am 63 in Dec, so 3 years off SPA. I had 6 mths full pay, then took 7 weeks annual leave, then onto half pay so I've had 3mths half pay at the end of Sept so have half pay until end of Dec. Will I be given 3mths full pay notice? 
HR have had the letter from the OH Dr to say I am unfit and advises ill health retirement and hr have arranged an informal meeting in a couple of mweeks to discuss the letter from OH and process. the oh Dr has written to my consultants for reports. 

Any idea which level the Dr has recommended? Or is that pending, awaiting your consultant's input?  In view of your age, Tier 1 could well be a possibility, but it depends on your medical condition(s).  If so, there's no need to give you 3 months notice - just your pension from X date, being the date the ill health retirement is approved.  This could be at the end of your 3 months half pay, or it could be earlier.

In theory, your employer has the final say, and if approved then they will instruct your LGPS to start the pension payment process.  In practice, it would be very difficult for your employer to overrule the Occ health Dr's recommendation.

AvivaNightmare

thanks @Silvertabby

He said in his letter to HR

"She remains medically unfit to returm to work and this increasingly likely to continue for foreseeable future"

and said he would appreciate if they can start the ill health process. 
I believe i now have to be referred to an independent Dr, i had seen OH nurse a couple of times and she referred me to their Dr for a specialist input. The OH Dr is contacting my Surgeon for an update, I have written to him also and my GP and respiratory consultant. I have several conditons and pending operations over the next few years so felt that even if my hand was sorted and i could return, i would only be off again in a few months time, 

Silvertabby

Just a waiting game now, I'm afraid - but it does sound like your HR/Occ health are doing the right things.  

AvivaNightmare

Hi @Silvertabby , 

can I have your thoughts 

my GP has written a letter saying that in view of my numerous & in some cases significant medical conditions she supports my claim for ill health retirement 

my surgeon who is dealing with my hand issues has stated he feels it’s going to be a long recovery 6-12 mths before he could do further surgical procedures & this would then need another 6 - 12 mths to recovery from then

he states he feels I may possibly be able to return to work in 2 yrs but in any case my recovery would not be to normal hand function  ( I’m an administrator so need my hand! ) he does state that even then its difficult to say if my function will be sufficient good at this stage to allow this & states this is without consideration of my other conditions. 

Do you think they will grant tier 1 ? 

Many thanks 

Neasy

Sorry to butt in, but am I right in thinking that you might be eligible for transitional protection? 

Treatment of those aged 45 before 1 April 2008 - 1st and 2nd tier determination 

48. Under regulation 20(13), protection is given for a person who was both a member and aged 

45 before 1 April 2008, and where there is entitlement to enhanced ill health retirement benefits 

(i.e. a 1st or 2nd tier award). This protection means that the member should be in no worse a 

position than they would have been had Regulation 28 of the 1997 Regulations applied and the 

conditions of that regulation were met. The employer will be required to establish entitlement 

under the 1997 regulations and the 2007 Benefit Regulations as amended, and award the 

greater of the benefits.

http://www.lgpsregs.org/timelineregs/Statutory Guidance and circulars/CLG_IHGuide_June2011.pdf

AvivaNightmare

Neasy said:

Sorry to butt in, but am I right in thinking that you might be eligible for transitional protection? 

Treatment of those aged 45 before 1 April 2008 - 1st and 2nd tier determination 

48. Under regulation 20(13), protection is given for a person who was both a member and aged 

45 before 1 April 2008, and where there is entitlement to enhanced ill health retirement benefits 

(i.e. a 1st or 2nd tier award). This protection means that the member should be in no worse a 

position than they would have been had Regulation 28 of the 1997 Regulations applied and the 

conditions of that regulation were met. The employer will be required to establish entitlement 

under the 1997 regulations and the 2007 Benefit Regulations as amended, and award the 

greater of the benefits.

http://www.lgpsregs.org/timelineregs/Statutory Guidance and circulars/CLG_IHGuide_June2011.pdf

Hi thanks, but no I joined in 2012  

Silvertabby

AvivaNightmare said:

Hi @Silvertabby , 

can I have your thoughts 

my GP has written a letter saying that in view of my numerous & in some cases significant medical conditions she supports my claim for ill health retirement 

my surgeon who is dealing with my hand issues has stated he feels it’s going to be a long recovery 6-12 mths before he could do further surgical procedures & this would then need another 6 - 12 mths to recovery from then

he states he feels I may possibly be able to return to work in 2 yrs but in any case my recovery would not be to normal hand function  ( I’m an administrator so need my hand! ) he does state that even then its difficult to say if my function will be sufficient good at this stage to allow this & states this is without consideration of my other conditions. 

Do you think they will grant tier 1 ? 

Many thanks 

Any recommendation for ill health retirement will be made by the Occ Health Dr, who will (should) take on board your GP and surgeon's reports.

I can't forecast what that final recommendation will say, I'm afraid.  All I can offer is my experience of dealing with such claims in the past.

Your surgeon's opinion that you may be fit for work in 2 years (ie, before SPA) could indicate Tier 2 - but the fact that you are only 3 years from SPA plus your other medical conditions could tip you into a Tier 1.

On the other hand, worse possible scenario is that Occ Health may not recommend ill health retirement at all, so please don't get your hopes up based purely on my thoughts.  

I hope things work out for you.