Hi all. I’m appealing refusal of my application for IHR under LGPS. The grounds for appeal are perverse decision and by employer is supporting the appeal. What I’m unsure of is how many appeals I can submit? If it is again refused can I appeal a second time within the 6 month limit if new evidence becomes available (this is possible) … or… if a few years down the the line I want to apply again for a reconsideration (having been sick for longer), can I? I’m only in my early 40’s so it was always going to be hard.
Grateful for any advice you have…. Such a stressful time!!
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Hiya, sorry it didnt go how you were hoping.... From the date of first appeals decision, you have 6 months to appeal 2nd time. If that fails then you can take your case to a pensions ombudsman?? Look up LGPS on line it's all on there. Good luck, sending hugs 💜
Thank you so much Art24 No matter how many times I read the guidance, I get confused! Side effect of pain meds, fatigue etc. My union rep is on hols and just wanted that reassurance it’s not one shot only. I always get great advice on here 🩷
You're most welcome, I have been through IHR myself, so I remember how stressful it was, I'm on alot of meds too so I totally understand which is why i had to Google it to make sure I had the right info. Feel like a zombie most days lol bless you hope it all works out for you 💜 hugs 🤗
Hi. I went through IHR from local government five years ago. It is a very stressful time and a long process. Mine worked out fine and I was awarded tier 1 top level. I was only 50 so don't let being younger worry you. There is absolutely nothing in the rules to discriminate against being of a younger age. Make them aware that you know that. You have to prove that you are not able to gain employment for 30 hours a week that lasts a minimum of 12 month. Make sure you get a full copy of your schemes rules, they should be available on the website and you employer should also be able to provide a copy.
Have a look at the posts I put on when I was going through the process as some of the replies are very useful and informative.
Have you applied for PIP and a blue badge as it sounds like you may be eligible and that also goes to support your case.
Thank you - very helpful advice and kind words. I have included my PIP award details yes and lots of other info and clinic letters. My problem is I don’t have consultant letters saying I’ll never work again as my NHS appts do not allow for discussion of things like IHR. But I’d be happy with lower tier as would like to work some hours here and there (I’ll never hit 30 or work in a senior role again however). Here’s hoping the second go is smoother. Thanks again x
Is it the OH Dr that has said you’re fit if your employer is supporting you?
Firstly your employer can go against the decision of the OH Dr without an appeal.
The first stage of appeal is to your employer who refer you back to OH Dr.
If you’re turned down again then you appeal to the Pension Fund who will refer you to a different OH Dr. The fund can also overrule the OH Dr.
If you still don’t get granted IHR then you can appeal to the Pensions Ombudsman.
Please note that if you have to reduce your hours as a result of your health then your pension will be calculated based on your original hours. There is a box on the form that OH Dr has to tick.
I’m assuming you didn’t meet all of the criteria for IHR do you know which you didn’t meet.
I’ve seen people turned down because they haven’t exhausted all treatment options but was declared unfit for work. Keep fighting.
Good luck and I’m happy to answer any other questions.
Thank you so much PrincessNoo - that is really helpful and more than I’ve had from my union to be honest!! Yes my employer has asked for a review of the decision. The assessment was incomplete, lots of issues not covered and things left out. I wasn’t seen or called and it looked like it had been done in 20 minutes. I have EDS, and PoTS (and other issues) as well as fibro and it felt like the assessor just didn’t understand (or research) the conditions at all. Hopefully a review will produce a better outcome but if not I’ll appeal myself and I’ll keep going until I get a fair go!! It’s good to know I’ll have 2 appeal opportunities before ombudsman if necessary. I have emphasised the effect this is having on me also as it’s highly stressful as you know from experience. Thanks again for your very kind advice x
One point you need to be aware of. Pension income is means-tested against ESA awards that are based on NI contributions, and its Universal Credit equivalent. It's the only type of income that is taken into account. If you succeed and your pension is high enough, your benefit can be reduced to zero. Then, all you get is National Insurance Credits towards your State Pension.
For some people, continuing to receive benefits can be more money overall than their pension, because their benefits give access to Council Tax reduction, free prescriptions etc and social tariffs on energy, broadband, mobile phone, plus a warm home discount.
You can check which is best for you by using an online benefits calculator.
Thank you so much releasethemagic for taking the time to write this. My husband’s income means we are entitled to very little and because I’m still in my 40’s, I’m desperate to get the Tier 2 enhancement - if not Tier 1 - otherwise I’ll be left such a very low pension in old age. I’m likely to have care needs then due to EDS, fibro etc and that plays on my mind a lot like I’m sure it does with others in this group. I really appreciate your response however and have saved my Turn2Us calculation so I can revisit it if anything changes.
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