If you are a member of the Teachers’ Pension Scheme and you are considering an application for ill health retirement, or appeal against a decision rejecting your application, read on to see how I recently helped a client achieve a Tier 2 (upper tier) award.
My Client’s Story
My client had been unable to teach for a prolonged period because of their medical conditions. During the absence management process, an application for ill health retirement was made because my client remained unfit to return to work in the long term, despite adjustments being considered.
Unfortunately, my client’s initial application for ill health retirement was rejected and it was at this juncture they approached me to see if there was any assistance I could provide. My client was offered and attended a Fixed Fee Consultation. During this appointment, we discussed the background leading to the application for ill health retirement. We reviewed the ill health retirement application, the available medical evidence (which was very limited), the scheme rules and whether, in my view, there was a way to challenge the initial outcome.
It is important to note at this stage that the criteria for Teachers’ Pensions ill health retirement are incredibly stringent, see my earlier blog for further information – https://lincslaw.co.uk/blog/teachers-pensions-applications-appeals-for-ill-health-retirement/. As such, there will often be cases where I can find no credible means to challenge a rejection. What I mean here is that the decision is not flawed as assessed against the criteria for entitlement. However, on this occasion it did look as though there was key medical evidence missing that might positively influence the ultimate outcome. As such, I advised my client it was worth submitting an appeal and explained in summary, what should be included in the appeal.
Following the Fixed Fee Consultation, my client stated they would like my ongoing assistance and asked if I would assist in the gathering of evidence and submission of an appeal on their behalf. If this is something I think I can assist with, I will make that clear in my written advice following the Fixed Fee Consultation. On this occasion, I did believe I could offer further support and so in line with my instructions, I started the process of gathering evidence and drafting the appeal. Unfortunately, the first appeal failed and so a second appeal was submitted, with further medical evidence. The second appeal resulted in my client achieving a Tier 2 ill health retirement award.
Client Feedback & 5 Star Review
My client was delighted with the outcome achieved and left me a 5 Star review as follows: –
“I would absolutely recommend Sophie! She was incredibly knowledgeable, and supportive in my ill health retirement application which was very emotive and difficult for me. I always felt at ease knowing my case was being handled efficiently and in a very supportive way. Sophie went above and beyond in dealing with my case”.
Lincs Law Employment Solicitors Can Help You.
If you are considering an application for ill health retirement or have had your initial application refused, please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help. Alternatively, for more information about ill health retirement, please visit our ill health retirement pages at https://lincslaw.co.uk/services/employees/workplace-problems/ill-health-retirement/
Sophie Goodwill
Specialist Employment Law Solicitor
Lincs Law Employment Solicitors
Tags: Appealing Against Ill Health Retirement Decision Ill Health Retirement Teachers Pensions Tier 2 Award Teachers' Pensions Teachers' Pensions Ill Health Retirement