Fibromyalgia and early retirement

[Elastic199]

I have fibromyalgia (and other associated conditions). I have asked for ill-health retirement and been accepted but only tier 1 (NHS offers 2 levels. Tier 1 fir people who can't do their current job. Tier 2 for people who can't do any job of like duration). This is based in the fact that Fibro is variable and my resolve! Does anyone have any info that I can use to support my appeal?

[releasethemagic]

You should involve your Trade Union, if you have not done so already. They will have experience of cases all over the NHS and any NHS precedents (similar cases to your own with decisions on appeals that might be used as precedents).

Up-to-date medical reports are useful. For my own medical retirement I saw an independent Consultant in Pain Management who had not treated me or seen me before. He was given access to all of my NHS and other medical records and he examined me. He wrote that I was unlikely to ever work again in any job and expressed surprise in the report that I had managed to continue to age 55 as in his experience, few people with my symptoms were able to sustain working at all. This report cost £4,500 - I had to pay for it myself but if I had worked in a unionised workplace, the Union might have covered it.

The older you are, the more likely medical retirement is, as it costs far less than for younger people. If you are in your 30s or early 40s, a medical retirement with full pension can cost as much as £1million over the remainder of your life, if the pension is being paid early and service is being enhanced or extra contributions are being paid in to the fund by the employer. This is why employers are so unwilling to agree Medical Retirement for younger people.

As well as the NHS pension, you will be able to claim ESA (Employment and Support Allowance) based on your NI contributions, and the NHS decision will help in the ESA claim. You might also be able to get PIP (Personal Independence Payment) if you are not getting it already.

[Elastic199]

Thanks for your reply! I am 52 and worked far longer than I should (hindsight!). I am an RCN member and not finding them very helpful. My local rep has been great but she really didn't expect me to even get tier 1! She advised me to go into admin, which would have killed me! That's the trouble with an illness that people don't understand! My Oc health consultant put in his report that, in his professional opinion, I would be unable to ever work again and that there was no treatment likely to make any difference!

[releasethemagic in reply to Elastic199]

I took a look at the NHS definitions for Tier 1 and Tier 2 on-line on the NHS Business Services website. Tier 1 is unable to do your own job and tier 2 is unable to undertake any regular employment. The Oc Consultant would need to have made it clear that "unable to work again" meant in any job to get tier 2, rather than unable to work again as a nurse. If he didn't make it clear enough, are you able to ask him/her for a letter of clarification?

If he/she did make it clear in the report and the NHS has not followed that advice, you have grounds to ask them why and on what authority can they over-rule the medical report?

[Elastic199 in reply to releasethemagic]

Thanks. I'm going to take a look at the actual wording!