NHS pension & ill health retirement.

becky004

Sorry for the long post, but am at a total loss, and am unsure where to seek help from.

I was a midwifery sister, in March of 2009 I became very unwell and went on sick leave (I was 39yrs old, I had worked in the NHS and paid into my pension since April 1991). In May of 2010 I was diagnosed with Bipolar Disorder & it's manifestations, severe anxiety & severe social anxiety. In June of 2010, I along with my Unison representative attended a meeting with my Midwifery manager and a member of HR, I had been off sick for 16 months & they wanted to discuss my possible return. My representative spoke on my behalf as I was unable to, it was very evident from my behaviour that I was in no position to return. They said they wished to retain me and offered me a further 12 months on unpaid sick leave, my representative explained I did not see a point where I would be able to return (which was true, I had been ill for 16 months and was deteriorating, not improving). So my employment was terminated, at no point was the possibility of ill health retirement mentioned by my Unision representative or my employer, and given my age and mental state it did not enter my head.

Since then I have survived on benefits, I have never been in any other form of employment as I am not well enough. I knew I was able to apply for my pension when I reached 55. I lost my home in 2021 as once my children left education, my benefits more than halved and I could no longer pay my mortgage, so I now live in social housing. I turned 55 last month, so have looked into claiming my pension on health grounds. 

I have been in contact with NHSBSA multiple times via email, I ask direct questions they won't answer, they just send link after link to documents I genuinely can't wrap my head around. I have asked twice if I could possibly speak to someone, again no and links to further documents.

The only question they have answered is, when I asked why I wasn't informed I was entitled to apply for ill health retirement in June of 2010, they told me I should have asked my employer at the time. At the time I couldn't have asked what day of the week it was, nor was I aware that at such a young age it was a possibility for me.

So, had I applied for ill health retirement in 2010 when I had to finish, it appears I would have been on Tier 2, so as I am in the 1995 section I would have been entitled to my pension, plus 2/3 enhancements, which means I wouldn't have lost my home as I would have had enough to pay my mortgage and live. However because I have not been employed within the NHS within the last 5 years, I am considered a deferred member, so while I can apply for ill health retirement, I will receive no enhancements, which is a loss of around £6000 a year.

I do not feel this is fair, as had I been made aware of it in 2010, I would have applied for it straight away, instead of struggling and losing my home. Just wondering if anyone has been through similar, or has any advice on my next step, as I do want to challenge it, but don't know where to start.

Thanks in advance.

GrubbyGirl_2

I'm not the best person to answer your questions but if I was in your position the first thing I would do is make a subject access request to your  past employer, Unison and NHSBSA.  You need to find out what information they have about what was happening, what you were and were not advised at that time as you have stated you were not in a fit state,  The first thing you need to do is gather evidence.  Your union may have been negligent if they did not act in your best interest or your employer if they did not advise you.  You may struggle to make any claim against NHSBSA as likelihood is they knew nothing about any of this

becky004

I agree NHSBSA is out of the equasion as they did nothing wrong, I have the letter from the meeting the day I left in 2010 (nothing at all is mentioned) by my manager or Unison, it acknowledges I was leaving because of my health issues. NHSBSA has emailed today saying I need to take it up with my former employer. However while I appreciate the trust was my employer, it was my manager that was in the meeting and she retired 10 years ago. So have had to send an email to the current head of midwifery who doesn't know me from Adam as she was not there during the years I was. x

Marcon

becky004 said:

Sorry for the long post, but am at a total loss, and am unsure where to seek help from.

I was a midwifery sister, in March of 2009 I became very unwell and went on sick leave (I was 39yrs old, I had worked in the NHS and paid into my pension since April 1991). In May of 2010 I was diagnosed with Bipolar Disorder & it's manifestations, severe anxiety & severe social anxiety. In June of 2010, I along with my Unison representative attended a meeting with my Midwifery manager and a member of HR, I had been off sick for 16 months & they wanted to discuss my possible return. My representative spoke on my behalf as I was unable to, it was very evident from my behaviour that I was in no position to return. They said they wished to retain me and offered me a further 12 months on unpaid sick leave, my representative explained I did not see a point where I would be able to return (which was true, I had been ill for 16 months and was deteriorating, not improving). So my employment was terminated, at no point was the possibility of ill health retirement mentioned by my Unision representative or my employer, and given my age and mental state it did not enter my head.

Since then I have survived on benefits, I have never been in any other form of employment as I am not well enough. I knew I was able to apply for my pension when I reached 55. I lost my home in 2021 as once my children left education, my benefits more than halved and I could no longer pay my mortgage, so I now live in social housing. I turned 55 last month, so have looked into claiming my pension on health grounds. 

I have been in contact with NHSBSA multiple times via email, I ask direct questions they won't answer, they just send link after link to documents I genuinely can't wrap my head around. I have asked twice if I could possibly speak to someone, again no and links to further documents.

The only question they have answered is, when I asked why I wasn't informed I was entitled to apply for ill health retirement in June of 2010, they told me I should have asked my employer at the time. At the time I couldn't have asked what day of the week it was, nor was I aware that at such a young age it was a possibility for me.

So, had I applied for ill health retirement in 2010 when I had to finish, it appears I would have been on Tier 2, so as I am in the 1995 section I would have been entitled to my pension, plus 2/3 enhancements, which means I wouldn't have lost my home as I would have had enough to pay my mortgage and live. However because I have not been employed within the NHS within the last 5 years, I am considered a deferred member, so while I can apply for ill health retirement, I will receive no enhancements, which is a loss of around £6000 a year.

I do not feel this is fair, as had I been made aware of it in 2010, I would have applied for it straight away, instead of struggling and losing my home. Just wondering if anyone has been through similar, or has any advice on my next step, as I do want to challenge it, but don't know where to start.

Thanks in advance.

You really have had a horrible time.

There are going to be various issues in trying to make your case now, not least the time that has elapsed since you left service. It's hard to see why your medical records would have been retained for 14 years - GDPR alone would almost certainly dictate that they should have been deleted.

It's extraordinary that neither your union rep nor your employer mentioned ill health early retirement. I have no facts to go on, so forgive me for suggesting this, but is it possible that a medical assessment was done and you quite simply didn't meet the 'permanence' requirement, given how young you were and how uncertain the prognosis can be where mental health issues are concerned? It's a high bar to meet given the huge cost - depending on your salary the cost could run into hundreds of thousands, not just tens of thousands, for someone retiring so young.

I suggest you consider contacting MoneyHelper via their online contact form https://www.moneyhelper.org.uk/en/pensions-and-retirement/pension-problems and simply pasting the whole of your first post onto the form, asking for guidance on how to proceed. 

There are no guarantees, but I wish you well and hope the above suggestion helps.

MX5huggy

becky004 said:

I agree NHSBSA is out of the equasion as they did nothing wrong, I have the letter from the meeting the day I left in 2010 (nothing at all is mentioned) by my manager or Unison, it acknowledges I was leaving because of my health issues. NHSBSA has emailed today saying I need to take it up with my former employer. However while I appreciate the trust was my employer, it was my manager that was in the meeting and she retired 10 years ago. So have had to send an email to the current head of midwifery who doesn't know me from Adam as she was not there during the years I was. x

If you’re going to get anywhere with this you’ll need to get a solicitor. There’s no point you pinging off emails to random Trust employees. Your potential claim is against the Trust. 

Marcon

MX5huggy said:

becky004 said:

I agree NHSBSA is out of the equasion as they did nothing wrong, I have the letter from the meeting the day I left in 2010 (nothing at all is mentioned) by my manager or Unison, it acknowledges I was leaving because of my health issues. NHSBSA has emailed today saying I need to take it up with my former employer. However while I appreciate the trust was my employer, it was my manager that was in the meeting and she retired 10 years ago. So have had to send an email to the current head of midwifery who doesn't know me from Adam as she was not there during the years I was. x

If you’re going to get anywhere with this you’ll need to get a solicitor. There’s no point you pinging off emails to random Trust employees. Your potential claim is against the Trust. 

Very few high street solicitors will have the skills and knowledge to deal with this sort of specialist claim. MoneyHelper can give free, well informed guidance on where to go next - and the ultimate port of call is likely to be an approach to the Pensions Ombudsman, again free of charge. It would be rare for OP to be able to claim any legal fees back even if the claim does succeed, simply because there is a perfectly viable free route for her to follow.

Marcon

OP - just another thought. Medical records from around the time may no longer be held by your former employer, but it's possible your GP could still have something on file which might be of assistance. Presumably they would have been issuing a string of certificates signing you off work, with reasons/possible timeframes? Something of a long shot, but it could provide useful background (although be aware that this would not on its own provide adequate evidence for you to be granted ill health early retirement).

Purplelady65

I’m sorry to hear about your situation. Were Occupational Health not involved in your case at all? Do you have copies of any paperwork from that time e.g. copies of occupational health reports, letters from your employer e.t.c. As you were only 39 years old at the time you left your NHS employment I suspect that your age would have gone against you in terms of any ill health retirement application as it would have been difficult to evidence that you were so unwell that you were permanently incapable of working in your role. I would have expected your union rep, your manager or occupational health to have suggested at the time to apply for ill health retirement if they felt that was the most appropriate route for you even if you’ve nothing in writing t confirm this. 

LightFlare

Within the NHS Ill health retirement is a notoriously high bar to reach (for obvious reasons)
The “rules” to achieve it are very hard to meet.
 Not saying you don’t but It may have been at the time you didn’t meet the criteria.
With the benefit of hindsight that view may be very different.
Hope all works out

becky004

Purplelady65 said:

I’m sorry to hear about your situation. Were Occupational Health not involved in your case at all? Do you have copies of any paperwork from that time e.g. copies of occupational health reports, letters from your employer e.t.c. As you were only 39 years old at the time you left your NHS employment I suspect that your age would have gone against you in terms of any ill health retirement application as it would have been difficult to evidence that you were so unwell that you were permanently incapable of working in your role. I would have expected your union rep, your manager or occupational health to have suggested at the time to apply for ill health retirement if they felt that was the most appropriate route for you even if you’ve nothing in writing t confirm this. 

I was not seen by Occupational Health at all during the 16 months I was off work, it was initially my GP, then psychiatrist & CPN. I have the final letter from the meeting I had with them here somewhere, ill health retirement was never mentioned by anyone at any point. If someone had even suggested that if I remained too unwell to work a year or two down the line, then I might want to look into ill health retirement and that I would lose all my enhancements if I didn't apply within five years, then I would have applied within that time frame.

becky004

Marcon said:

becky004 said:

Sorry for the long post, but am at a total loss, and am unsure where to seek help from.

I was a midwifery sister, in March of 2009 I became very unwell and went on sick leave (I was 39yrs old, I had worked in the NHS and paid into my pension since April 1991). In May of 2010 I was diagnosed with Bipolar Disorder & it's manifestations, severe anxiety & severe social anxiety. In June of 2010, I along with my Unison representative attended a meeting with my Midwifery manager and a member of HR, I had been off sick for 16 months & they wanted to discuss my possible return. My representative spoke on my behalf as I was unable to, it was very evident from my behaviour that I was in no position to return. They said they wished to retain me and offered me a further 12 months on unpaid sick leave, my representative explained I did not see a point where I would be able to return (which was true, I had been ill for 16 months and was deteriorating, not improving). So my employment was terminated, at no point was the possibility of ill health retirement mentioned by my Unision representative or my employer, and given my age and mental state it did not enter my head.

Since then I have survived on benefits, I have never been in any other form of employment as I am not well enough. I knew I was able to apply for my pension when I reached 55. I lost my home in 2021 as once my children left education, my benefits more than halved and I could no longer pay my mortgage, so I now live in social housing. I turned 55 last month, so have looked into claiming my pension on health grounds. 

I have been in contact with NHSBSA multiple times via email, I ask direct questions they won't answer, they just send link after link to documents I genuinely can't wrap my head around. I have asked twice if I could possibly speak to someone, again no and links to further documents.

The only question they have answered is, when I asked why I wasn't informed I was entitled to apply for ill health retirement in June of 2010, they told me I should have asked my employer at the time. At the time I couldn't have asked what day of the week it was, nor was I aware that at such a young age it was a possibility for me.

So, had I applied for ill health retirement in 2010 when I had to finish, it appears I would have been on Tier 2, so as I am in the 1995 section I would have been entitled to my pension, plus 2/3 enhancements, which means I wouldn't have lost my home as I would have had enough to pay my mortgage and live. However because I have not been employed within the NHS within the last 5 years, I am considered a deferred member, so while I can apply for ill health retirement, I will receive no enhancements, which is a loss of around £6000 a year.

I do not feel this is fair, as had I been made aware of it in 2010, I would have applied for it straight away, instead of struggling and losing my home. Just wondering if anyone has been through similar, or has any advice on my next step, as I do want to challenge it, but don't know where to start.

Thanks in advance.

You really have had a horrible time.

There are going to be various issues in trying to make your case now, not least the time that has elapsed since you left service. It's hard to see why your medical records would have been retained for 14 years - GDPR alone would almost certainly dictate that they should have been deleted.

It's extraordinary that neither your union rep nor your employer mentioned ill health early retirement. I have no facts to go on, so forgive me for suggesting this, but is it possible that a medical assessment was done and you quite simply didn't meet the 'permanence' requirement, given how young you were and how uncertain the prognosis can be where mental health issues are concerned? It's a high bar to meet given the huge cost - depending on your salary the cost could run into hundreds of thousands, not just tens of thousands, for someone retiring so young.

I suggest you consider contacting MoneyHelper via their online contact form https://www.moneyhelper.org.uk/en/pensions-and-retirement/pension-problems and simply pasting the whole of your first post onto the form, asking for guidance on how to proceed. 

There are no guarantees, but I wish you well and hope the above suggestion helps.

Thanks for the link I will get on to that today. There was no medical assessment done, I was not seen by Occupational Health at all during my 16 month absence. I have a family member who has recently become unwell with physical problems, she worked as a receptionist in a GP practice, following surgery and a meeting with HR and her Unison rep she finished on health grounds, her rep suggested she look into ill health retirement, but it's not worth it as she had only paid into the scheme for 7 years. In my case it was never mentioned, the only thing my rep said after the meeting was that she was really concerned about me because of how obviously unwell and bizarre I was.