Retired over 6 years ago.....

Jonson1

George, was a civil servant with Stargardt disease, he retired early due to his progressive visual impairment. Despite accommodations, as he felt he was unable to continue working.But he did not let the line manager know why, due to stigma and embarrassment.  I believe he may be eligible for a retrospective medical retirement pension based on "The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2015, what are his chances?

tacpot12

I'm not sure, but it would seem like there is nothing to lose and everything to gain from trying. The key test will be whether there is objective evidence that his impairment existed at the time of his retirement, e.g. opticians tests, medical reports that include the diagnosis AND whether the impairment was sufficient to meet the critiera for a medical retirement.

If George has been with the same GP since he was working, the GP will probably have all the information that exists, which George is entitled to request. You can help him review it to see whether it does confirm the impairment existed and that its severity was objectively measured. 

I'm not familiar with the regulation, but if they specifically allow a retrospective award, his chances will be mich greater than if they do not. You could ask his local Citizens Advice to look at any decision that is made in his case if you think that a mistake has been made. 

Brie

It may depend on what medical support he has.  I don't know how scheme administrators treat retrospective applications of this sort.  But "George" would need to have a Dr's diagnosis that would be acceptable for an ill health retirement.  It may be that all the Dr can provide is a vague record of blurred vision but no actual diagnosis.

Marcon

Jonson1 said:

George, was a civil servant with Stargardt disease, he retired early due to his progressive visual impairment. Despite accommodations, as he felt he was unable to continue working.But he did not let the line manager know why, due to stigma and embarrassment.  I believe he may be eligible for a retrospective medical retirement pension based on "The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2015, what are his chances?

If you're thinking of McCloud, then this is relevant:

If you retired on ill health between 01 April 2015 and 31 March 2022 and are eligible for the 2015 Remedy (McCloud), you will be reassessed for Ill Health Retirement (IHR) under the alternative scheme, either PCSPS or alpha depending on your circumstances.

This is to understand whether any member who applied for ill health retirement during that period would have been eligible for ill health benefits in the alternative pension scheme.

The reassessment will not affect your original ill health application.

Did he actually retire on ill health grounds? From your question it appears not, in which case his chances are zero:

https://www.civilservicepensionscheme.org.uk/your-pension/2015-remedy/remedy-ill-health-retirement/

Jonson1

He was diagnosed by the Specialist at the NHS hospital, and was also registered as partial sighted and then blind by the specialist at the hospital. He was claiming DLA  and this latter changed to PIP. He did not retire on ill health as he felt this clouded the issue of  who he was and did not to be named by his diagnosis rather than the person

Marcon

Jonson1 said:

He was diagnosed by the Specialist at the NHS hospital, and was also registered as partial sighted and then blind by the specialist at the hospital. He was claiming DLA  and this latter changed to PIP. He did not retire on ill health as he felt this clouded the issue of  who he was and did not to be named by his diagnosis rather than the person

Then I'm afraid that sadly it's definitely a no.

hugheskevi

The scheme rules around entitlement to ill-health are:

Entitlement to ill-health pension (para 74).
(1) An active member of this scheme who has not reached normal pension age under this scheme is entitled to the immediate payment of an ill-health pension under this scheme, in accordance with the provisions of this Chapter, if the conditions in paragraph (2) are met.

(2) The conditions are— (a) the member or the member's employer has claimed payment of an ill-health pension; (b) the scheme medical adviser— (i) is of the opinion that the member has suffered a permanent breakdown in health involving incapacity for employment or total incapacity for employment; and (ii) gives the scheme manager and the employer a certificate stating that opinion (“ill-health retirement certificate”); (c) the member has at least 2 years' qualifying service; and (d) the employer agrees that the member is entitled to retire on ill-health grounds.

(3) If the member meets the lower tier payment threshold, a lower tier earned pension is payable in respect of the member's continuous period of pensionable service.

(4) If the member meets the upper tier payment threshold— (a) a lower tier earned pension is payable in respect of the member's continuous period of pensionable service; and (b) an upper tier top up earned pension is payable in respect of the period that begins when the member becomes entitled to the immediate payment of an ill-health pension and ends when the member reaches prospective normal pension age.

(5) A full retirement added pension of any description is payable with a lower tier earned pension if the full retirement account specifies an amount of full retirement added pension of that description. 

I cannot see any way the rules could permit a retrospective assessment following a normal age retirement six years ago.

Jonson1

he retired at 62

Jonson1

Marcon said:

Jonson1 said:

He was diagnosed by the Specialist at the NHS hospital, and was also registered as partial sighted and then blind by the specialist at the hospital. He was claiming DLA  and this latter changed to PIP. He did not retire on ill health as he felt this clouded the issue of  who he was and did not to be named by his diagnosis rather than the person

Then I'm afraid that sadly it's definitely a no.

all this was diagnosed while he was working 

Marcon

He chose not to apply for ill health early retirement, so that's the end of the matter, whatever his age, diagnosis etc. He knew it was a possibility but decided he didn't want to go that route. I'm afraid it can't be changed now.

Jonson1

sorry, about going about this in a piecemeal approach, he was in the classic pension scheme and not the newer ones.  this is a draft letter:  I have taken workplace and name out help maintain his privacy............. xxxxxxxxxx has had a sight impairment since his teens. Despite his visual impairment he applied for work and declared his sight difficulties to xxxxxxxxxx who during his probationary period sent him to London for a medical examination for  his eyes, and they deemed him fit to work in the  xxxxx and therefore successfully joined the civil service and started working at the xxxxxxxxx/1985

Initially, a significant part of his job involved driving to xxxxxxxxxxxxxxxxxxxxxxxxxxxx various locations across the country. However, the progressive nature of Stargardt disease significantly impacted  xxxxx ability to perform his job duties. He initially was registered as partially sighted but eventually over the years he became registered as blind, and made it impossible for him to continue working, even with accommodations that his workplace made.

When xxxxxx was unable to drive, with the assistance of "Access to Work," he was provided with xxxxxxxxxxx vision enhancer, allowing him to continue working in a xxxxxxxxxxxxx desk-based environment. On days when I was unable to drive him to and from work, "Access to Work" helped with taxi fares.

Despite all these accommodations and the support of his coworkers, the progressive nature of this inherited eye disorder Stargardt disease made it impossible for him to continue working, even in a modified role, consequently he retired on  xxxxxx at the age of 62, not fully revealing his inabilities due to his pride and his perceived stigma.

Consequently, he hid his vulnerabilities from others, avoided social situations where he might be exposed, continued to take on tasks that were in reality beyond his capabilities, and refused to fully seek the help or support he needed.

Due to the nature of this progressive eye disease, he became Registered partially sighted and then Blind and the impact it had on his ability to perform his job duties was immense. We believe xxxxxxxxx should have been eligible for a medical retirement pension. As outlined in "The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2015," his condition represents a Permanent Breakdown in Health.

Enclosed are copies of the registration of partial and then full blindness documentation from the hospital at the time. He was also in receipt of Disability Living Allowance (DLA), which was later changed to Personal Independence Payment (PIP).

We respectfully request that you review xxxxxx  case and determine if he is eligible for a retrospective award of the medical retirement pension.

Thank you for your time and consideration. We look forward to your response regarding this claim.