NHS ill health retirement appeal retrospectively

Weegie

Hi all. Hoping someone can advise me on this issue.

I injured myself in 2012. (nhs nurse) prolapsed discs nursing bariatric patients. I plodded on with these prolapses until 2015 when I finally received spinal surgery - which failed, leaving me with permanent nerve damage to my leg and spine. I returned to work 6 weeks after my surgery due to manager pressuring me. I hurt my cervical spine 6 months later. I never returned to my post.

I attended various OH, physio, doctors etc in an attempt to get back to my job but my condition was deteriorating.

My manager, throughout kept trying to get me to resign. I refused. They eventually medically incapacitated me a year later in 2016.

I asked if I could apply for ill health or injury benefit and was told I was "too young" and "wouldn't get ill health pension as my conditions weren't permanent". They continued with the dismissal.

I started the process independently for my ill health pension but my gp couldn't complete the med forms and my surgeon committed suicide. I had no evidence at that time. Other than scans and mri reports. Again I was told I'd not be successful.

Fast forward to 2024 and I have various permanent conditions including progressive degenerative conditions so I applied for my ill health pension. I was successful and awarded tier 1 recently. Can't get tier 2 as I'm a deferred member. But the award is generous enough.

My questions are

1. has anyone successfully appealed retrospectively and won tier 2 as a deferred member?
2. And has anyone successfully appeal retrospectively and got their ill health pension back dated, to the date they were medically incapacitated against their wishes and lied to that they wouldn't be considered for ill health retirement?

Any help appreciated x

Holly_Scope

Hi @Weegie and welcome to the online community!

Thank you for sharing your story. I'm saddened (and a little frustrated) to read all the additional pressure you've been put under by other area's such as work. I hope you're doing ok now?

I'm pleased you've received tier 1 and hopefully tier 2 in the future. I hope you don't mind but I've added some category "tags" to your post, just to help others who may have similar experiences and can add input, to find your post. 😊

I hope you get an opportunity whilst here, to visit categories such as "coffee break" which is a great area to socialise with other members, and if you fancy some (often silly) fun, the "games den" category is brilliant.

Please let me know if I can be of any help.

Best wishes,

Holly.

lkenny10

hello

So I work for the ambulance service and have for 5 years and 4 months.

Unfortunately I had a horse accident and I have a neurological disorder.

I have been off work for over two years now.

I’ve been dismissed for ill health retirement and I’ve had all oh reports done and sent to NHS pension.

I am not able to work even again unfortunately.

I’ve had confirmation that my application has been received and it is being processed 

Can I ask what to expect next please as I’m so confused and anxious 

jabbers1

@Weegie Hi there, yes you can appeal the decision and an award can be made from when you first left your job if you can prove that these conditions existed then. You were clearly misinformed from the outset by your employer about being too young to receive an ill health pension.
my advice would be to contact the pension ombudsman and explain your situation to them and they can advise you how to proceed. Also in the meantime, go onto the pension ombudsman website and apply a filter to upheld ill health pension determinations. There are countless cases which are very similar to yours where members have had their deferred pension award backdated to when they first left there employment and were also increased to a higher tier. The pension ombudsman will look at the actions and advice of your employer also. Good luck!

becky004

@Weegie You may have everything sorted now, but I am going through something similar. Went of sick March 2009, diagnosed with bipolar disorder, general anxiety, and severe social anxiety at the beginning of 2010, employment terminated on medical grounds in June 2010.

I was 39 when I went off sick, 40 when my employment was terminated, was never seen by or offered to be seen by Occupational Health during my 15 month absence, ill health retirement was never mentioned. I assumed because of my age it wasn't an option and that I had to wait until I was 55.

I was 55 last year so enquired about claiming my pension, was told as a deferred member I had to wait until I was 60. Complaint put into NHSBSA, the former trust I worked for & UNISON, (as I was too unwell to attend the last review, they attended on my behalf & did not fight for my rights.)

NHSBSA said it was my employers fault as they should have discussed ill health retirement with me, former employer said it was my fault, it was up to me to apply for it (how can you apply for something when you were never told it was an option!). UNISON said they couldn't help as woman that represented me had retired.

I then went through IDR stage 2 before going to ombudsman, NHSBSA said it wasn't their fault again, but if I completed AW33E & AW240 and it was accepted, then they would backdate my pension to 4th June 2010 & that Tier 2 may be a possibility. But both forms had to be completed retrospectively and could only include information from my period of absence, and nothing I have been diagnosed with since.

Sent both forms which NHSBSA then sent to Medigold, my application was accepted and I was told to fill in the AW8P to claim. I have not filled in the form as yet, as I want to see the figures to see if the backdating has been honoured and to see if I am awarded Tier 2, as I haven't worked since the day I left in 2009.

So yes it is possible to be awarded Tier 2 as a deferred member and have it backdated, but it is one heck of a fight, I am almost at the end now, but I have been fighting for 14 months. If they do not honour the backdating and I am not put on Tier 2, then my next step will be the Pension Ombudsman.

My advice, keep fighting.

Good Luck

xxx