Claiming an occupational pension for ill health

I know my question is not about directly about benefits but I am hoping the moderators will allow it to be posted & that at least one member has knowledge &/or experience or can suggest any websites/links &/or personal experience about claiming early payment of a local government occupational pension (LGOP) on health grounds since the change of rules in 2007 I would be very grateful. I have done extensive research, when health permits on the internet including CFS/ME websites & have so far drawn a blank.

Briefly, I was dismissed from my job at the age of 55yrs with a local authority October 09 on the grounds of incapability due to long term ill health & without being considered for ill health retirement. I have CFS/ME, diagnosed by a consultant physician but not a specialist in CFS/ME in August 08 following 5 months off work after contracting Norovirus. The consultant backdated CFS/ME to 2006 when I was off work for 5/6 months with PVF following shingles following a prolonged period, 4 years, of work related stress.

I was off work with CFS/ME from July 09 following swine flu until my dismissal. I successfully, thanks to the guides on this brilliant site, claimed for ESA & was placed in the WRAG for 12 months. I have appeals for unfair dismissal & disability discrimination pending with my ex employer & ditto employment tribunal claims with the intended outcome of reinstatement if successful.

My x employer & its legal advisers have made this process as difficult as they possibly can in an attempt to get me to withdraw my appeals & ET claims. I have a very strong case for each but can’t get legal advice/representation from my household insurance policy until the internal appeals have been heard & can’t afford to pay for a solicitor myself. My health has not improved, if anything it has deteriorated, I now have depression & an appointment with the same consultant to investigate possible liver problems.

My husband, who already had his own health problems, unexpectedly had 2 heart attacks – Dec 09 & Jan 10, followed by triple bypass op in Feb 10. I have now applied for early payment of my LGOP on the grounds of ill health with the full support of my GP whose care I cannot fault. However, the occupational health physician is dismissive of her report & also the copy of my ESA50, which was very detailed & he is very reluctant to recommend full payment of my pension i.e. Tier 1 ‘Those permanently incapable of their current local government employment, where there is no reasonable prospect of them obtaining gainful employment before normal retirement age.

The LGPS regulations define permanently incapable as - the member will, more likely than not, be incapable until, at the earliest, their 65th birthday. Gainful employment is defined as paid employment for not less than 30 hours in each week for a period of not less than 12 months’ on the grounds that my condition, CFS/ME doesn’t meet the definitions. Success seems to be determined more by the correct choice of words/phrases than anything else.
Thanks, maggie

Hi Maggie,

As moderators, we are not qualified to answer queries on the Local Govt Pension Scheme.

Hopefully, a member(s) will be able to advise you based on their experience.

However, as a retired Local Government Officer myself you should be able to
use your trade union UNISON to assist you in this matter. This is especially important as you have appeals for unfair dismissal & disability discrimination pending with your ex employer & employment tribunal claims with the intended outcome of reinstatement if successful

Good luck.

Jim

Hi Maggie
I was dismissed from my job by my county council as a teacher due to ill health with the recommendation from occupational health that it was not appropriate for them to retire me early on ill health grounds - far better to just sack me! So similar employer and pension scheme. I have neuropathic pain of the whole thorax and intense fatigue. I applied for ill health retirement after 1 year, but was given short shrift as you can imagine. So I left it for another two years, therefore three years had passed and I was getting worse not better. I had letters from my GP, neurologist and the Pain Clinic. I was turned down and appealed. This time I did extensive research on the internet on my condition and also quoted several Commissioner's rulings and included them all in the Appeal papers. Again I was turned down and appealed a second time as they said I could possibly get better with further medical intervention. That time I told them that I was heartened by the ATOS doctor telling me I would get better with further medical help, but after meetings with the GP and Pain Clinic was devastated when I found this not to be true in my case and went over each intervention in turn to show how it would not help my condition - all with the help of the internet and my GP. That time it worked and I got my pension.
Hope this helps. Keep battling.

Thank you Jim & Costa for your replies. Jim,I have had very limited success with my branch of Unison since I first involved them in a grievance in 2007, still unresolved & later discovered I had been given poor advice & representation by the Branch Secretary & in the sickness absence process even poorer advice etc. Sadly, I have got nowhere with their national helpline either.
Costa - I am so sorry to hear about the problems & delays you experienced in getting your pension. Thank you for sharing it with me & yes it does help. Clearly research, determination & persistence can have it's rewards so I will most definitely keep battling.
Thank you
maggie

any pension given for ill health is given after medical reports are collected and then the decsion is made by the pension fund not drs and they make the decsion based on the funds rules that said one board running a fund might on the evidance allow a pension another might not with the same reports...... there is no way to argue the point they are independent

what you need to do as most pension funds have lay members and union members is to get them on side before you put in your request


the thing to get hold of is a copy of the pension fund rules and regulations

Hi Maggie,

I'm sorry to learn that your local branch of UNISON hasn't been of much help.

Have you contacted UNISON's head office, since they may be able to assist you by passing your case to their solicitors, Thompsons who are nationwide and UNISON's appointed solicitors.

I'm a former Principal Officer in local government who had to retire on ill-health grounds die to MS.

All that happened in my case was that the Council's Medical Adviser examined
me and certified that I was permanently unfit of carrying out my duties, so I had my employment contract terminated and received my full pension entitlement. At that time UNISON didn't exist, and I was a member of NALGO
who were of great help to me.

If you cannot get UNISON to help, I'm not sure if you're aware but the site owner's Steve Donnison's wife is a former barrister who specialises in Employment Law. so perhaps she could give you some definitive advice :
This email address is being protected from spambots. You need JavaScript enabled to view it.

Hope this is of help.

Good luck.

Jim