I have just successfully concluded a Stage 1 appeal against ill health retirement decision on behalf of my client. Read on to see how I helped….
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.
My Client’s Story
My client had been forced to leave her role after a significant number of years due to serious health issues. In the lead up to her dismissal, her employer suggested she may be eligible for ill health retirement. My client agreed and a referral to occupational health was made.
By the time my client was seen by occupational health, her employment had been terminated and she was very unwell. The occupational health assessment was conducted by phone and was very brief. The information gathered was then passed over to what is termed an IRMP (independent registered medical practitioner). The role of the IRMP was to determine eligibility for release of ill health pension benefits.
Unfortunately, the IRMP in my client’s case did not believe she fulfilled the requirements for early release of the ill health pension. Specifically, the IRMP felt there was no evidence to suggest my client had exhausted all treatment options. Based on the report of the IRMP, my client’s application was therefore rejected.
My client sought my advice as to whether she had any grounds of appeal. I explained that based on her instructions, it seemed to me that an award should have been made. However, I would need to review all the relevant paperwork to form a more definitive view.
My client instructed me to review all the papers, take detailed instructions from her about the combination of her medical conditions, and draft her Stage 1 appeal. This took some time because in this case it was also necessary to obtain medical records and reports to include within the appeal. However, the appeal was submitted in time.
Shortly after submitting the appeal, my client received notification that her appeal had been successful. She went from having her application rejected entirely, to be being awarded ill health pension benefits at Tier 2.
Feedback from Client
My client was over the moon with the result and rang me immediately to share the good news. She also emailed me a lovely thank you message – “Please accept my sincere gratitude from the bottom of my heart”.
Lincs Law Employment Solicitors Can Help You
If you are struggling with ill health retirement and want expert assistance and advice, please don’t hesitate to call us on 01522 440512.
Director, Specialist Employment Law Solicitor
Lincs Law Employment Solicitors