I have just successfully concluded an Appeal against Medical Retirement Decision for a Civil Service employee. Read on for more information.
What is Ill Health Retirement?
Many employers offer a benefit to their employees termed “ill-health retirement”. Where available, this benefit can provide immediate access to pension funds if an employee is too unwell to continue working.
Should You Apply For Ill Health Retirement?
The first thing to consider when looking at whether to apply for ill-health retirement is if you have exhausted all other options. This often involves consideration of your position to see if you could work in a modified way, or with reduced hours. However, if you have reached the point of being unable to work, despite having explored all reasonable adjustments, ill health retirement may be right for you.
What Is the Criteria?
Each employer is likely to have slightly different requirements and it is important to check the exact details of your policy or scheme. However, looking at one of the Civil Service Schemes as an example, the criteria is:
- For ill health retirement at the lower tier payment threshold, the member must have suffered a permanent breakdown in health, as a result of which, they are incapable of their own role or a comparable role.
- For ill health retirement at the upper tier payment threshold, the member must have suffered a permanent breakdown in health, as a result of which, they are incapable of their own role, and any other gainful employment.
How To Apply?
Each employer will have their own rules which will need to be followed. You should speak to your employer and ask for information and support with the application process. It is also important you prepare by gathering as much evidence of medical incapacity as possible. This can be from occupational health, your own GP, and any other treating specialists such as consultants, counsellors, or therapists. It is critical to gather this evidence in advance of your application.
Is The Process Difficult?
The process should not be difficult. That said, over the last 17 years we have helped lots of clients who have had their applications unfairly rejected. The most recent example was a Civil Service employee who was wrongly awarded no benefits. Following a Stage 1 complaint we drafted, they were re-assessed and awarded full benefits (i.e., upper tier). They were absolutely over the moon that after an incredibly prolonged process, they finally received the right decision.
Lincs Law Employment Solicitors Can Help You
If you have started (or are thinking of starting) an application or appeal for ill health retirement, call us for a free, no obligation discussion on 01522 440412 or send an email to firstname.lastname@example.org and we would be happy to speak to you. For more information about visit our website https://lincslaw.co.uk/services/employees/workplace-problems/ill-health-retirement/
Director & Specialist Employment Law Solicitor
Lincs Law Employment Solicitors