18 Mar 2016

A question about : Ill health retirement appeal

Hello all,

Long story, I will try to summarise the best I can...

I worked for the council from 1992 to 2010 when I entered into a an agreement with my former employer which resulted in the termination of my employment, can't really say much else about that.

Due to my ill-health I haven't worked since, and of recent my health has declined.

I applied for ill-health retirement (LGPS) back in April this year and it's been one catastrophe after another. Team Prevent were hired by the council to assess my case, they have been worse than useless. It took them 3 months to get in touch with my GP, the information they got was incomplete and pretty much useless as I understand it.

They arranged a telephone consultation as I was unable to attend the medical assessment in person, this did not go well, my memory is very poor under stress. I did tell the doctor carrying out the consultation this during the assessment and also wrote a letter with additional information that I'd forgotten.

I have provided them with information from Occupational Health from the council which shows all of the treatment I had during my time working with them, some of it was incomplete, and they are unable to find the reminder. I have also given them letters from various professionals, medical and otherwise which support my case.

I have dealt with many, many people over the past 8 months, none of them seem to know what's going on, I've been given lots of conflicting advice and I still don't know the outcome. I received Team Prevents Doctor's recommendation to the council, the Dr said with the right treatment I will be fit to return to work within the short to medium term so she cannot support an ill-health retirement decision at this time. As I understand it, the council does not have to act solely on her recommendation but they have not written to me with their decision. Also, I haven't been well enough to work since 2010, what makes them think I can jump straight back into it now? I feel the doctor who assessed me wasn't qualified to make a judgement on my case as she specialised in another field, Team Prevent will not give me information on her other qualifications, if any.

I have recently had another medical assessment with the NHS who have given me a full diagnosis, with this new medical evidence it gives me a better case for ill-health retirement. I would like to know if it would be easier to appeal against the decision (which I'm still waiting on! I have contacted them again and they haven't got back to me) or to apply again.

I have looked everywhere online and through these boards for a similar situation, lots of people have trouble with the tier system and such (I also don't understand if this affects me, I was told I don't get the tier system as Im on the old pension scheme?) But I can't find anyone applying for IHR when they no longer work for their employer. Team Prevent and the council don't seem to know anything about the appeals process, who I appeal to, what information is needed, I have asked numerous times and they seem to have overlooked those questions.

Thanks for reading...

Best answers:

  • You might find this thread useful, particularly with regard to the appeals process, should that become necessary:
    https://forums.moneysavingexpert.com/...highlight=lgps
    It is also instructive in demonstrating that a large proportion of LGPS ill health complaints that eventually reach the Pensions Ombudsman are upheld in the complainants' favour.
    Additionally, a poster on that thread has obtained ill health retirement from a previous employer.
    Good luck.
    WW
  • Update -
    Ok, so I have some additional medical evidence from November last year, I spoke with my employer who said if we send in the new evidence they will consider the case for ill health retirement again.
    I have sent the new information, 3 reports, one from my GP, one from an ATOS assessment and one from a consultant. There is a full diagnosis and treatment plan within the reports, my GP stated that my illness is lifelong.
    The doctor appointed by my employer to look at my case has asked for a prognosis, I'm not sure why, as they have all of the information available to them, surely it is up to the doctor reviewing the case to give a prognosis?
    Any advice?
    Thanks.
  • I assume that the pension scheme want a definite ruling about your life expectancy? If the evidence simply said what was wrong without giving any information about life expectancy they would need more.
    Sometimes doctors are reluctant to state this in documents that the patients see?
  • The LGPS regulations for early payment of retirement on ill-health grounds for deferred members can be found here:
    https://www.lgpsregs.org/index.php/il...owall=&start=3
    It looks as if the doctor appointed by the employer will need to establish the prognosis in order to determine whether you are eligible for Tier 1, Tier 2 or Tier 3 benefits (for which they will need to determine whether or not you are likely to be able to work again before normal pension age and if so whether or not you are likely to be able to work again within the next three years) for an explanation see:
    https://www.lgpsregs.org/index.php/il...l=&limitstart=
    WW
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