Hips, OA and pension claims

Bones, joints and muscles
1

I was retired on ill health from my work last June after 34 years. I put in a claim for my pension and 7 months later (!) I have just had a letter to say it has been refused.

I am 53 and up until 18 months ago I was fit and healthy until OA flared up in my hips and my lower back. I could no longer do my job and due to 1 new hip, a second op coming on the 12th Feb, and OA in my lower back - my mobility is seriously compromised let alone the pain I have daily (you all know this).

I am not a scrounger but cannot see how I am going to return to full time work (30 hours a week) as I can barely walk 50m without pain, can't sit of stand for long and use crutches most of the time. I am hoping that things will improve with my 2nd LTHR but will be left with the OA in my back, hands and feet.

My pension can be paid out in a tier system 1 - 3, with 1 being that you never work again, 2 - that you will eventually work 30 hours a week before you are 60 or tier 3 where you may get back to 30 hours a week within 3 years (a temporary payment) and one that I thought was for me)

What actually constitutes being unfit for gainful employment?

I am just wondering if anyone else is in this situation? Thanks for any replies because I am feeling very low about this. 

2

Oh, you poor thing - this sounds dreadful!! 

May I ask what type of work you do? Was it office based or manual or....

At the risk of sounding political, I believe that "work" is now deemed to be an activity for which someone else makes a profit, not an activity which accomplishes or satisfies a need. 

Michael

3

Dear Kate, 

I am so sorry honey ... I really am ... I don't know - 

Is pension the same as Social Security in USA?  Is there any organization or [person  you can talk to, who can explain what this means and why you do not qualify ?  

Don't let this get you down too much - Arghhh  - always something ...

When you retired where you informed about any options ?

Blessings and keep having faith -

It willall work out 

warm big hug

renee

P.S.I recently had a "misunderstanding" with rent support -The "system" decided that, after 9 months,I had to pay back the money I received and was approved for  ! 

 

4

Kate - where are you in England. This makes me furious/spitting mad.

I am in Australia, and when my husband was diagnosed with Heart Failure, 8 days in hospital, expected him to die, and we applied for pension, we too were denied, at first.

Then I thought about the way the law is worded, here you have a legal obligation to your employer, also to transport department, (drivers license) if you are unsafe or could hurt yourself or SOMEONE ELSE, due to your physical disability, mental condition, you contact Workcover, in lieu of employer.

Sorry I have no idea if this applies in England or elsewhere.

So I ended up sending to Workcover, my husbands specialist letter addressed to our GP Dr, I had a copy, which we had been told was irrelevant by the authority for Disability pension, and they would not be approving his pension.  I used the words that in my opinion my husbands disability/heart failure he was a major danger to himself first and secondly his work mates, if he was to fall off a ladder, he was a carpenter, and he was being forced to go back to work by the lack of income, also lack of approval of pension, even we had to eat.

I also mentioned that our GP felt he was in no condition to even be driving, and could also cause a road accident on his way to work.

Would you believe it workcover rang back within hours of me faxing that letter, thanking me for my information, telling me in no uncertain terms my husband had lost all of his building licenses, his drivers license seeing I had reported him, we knew this was going to happen, and then aksing me who had I spoken with at the pension authority, I was able to supply name, the same person who said his cardiologist letter was irrelevant. Two days later got a letter from pension authority saying come in urgently, we did, and the red carpet was rolled out when we gave our name at the counter, the entire office went silent while we were ushered to the managers office and offered a cup of tea, and told our pension would be approved. I told them in no uncertain terms they could have killed my husband he was so fragile at that time.

What do you do for a postion, maybe from my experience I can offer you some ideas.

5

An example of what i would have to say to pension authority.

Due to your ruling that I am not eligible for pension no-----, I am going to have to go back to work on the (date of FeburaryMarch), even I have to eat and pay my rent.

As for the last 7 months while awaiting your ruling, I have been surporting myself on our saving, this source of funds is now at Zero.

I will be using Elbow crutches, because of recent Hip replacement. I will aslo be using Opiod pain killers, beacuse of said hip replacment.

I fear for myself and the chances I will fall, but even more so i fear for others who I work with, my crutches could become a trip hazard, as I could due to my ability to move in a timely or normal manner.

I'm sure you get the general idea

if you write a letter to the pension authority, also send a copy to the insurer of your place of work, stating that you are being forced back to work by the pension authority as I did.

I let the two authorities fight it out between themselves, and we did win.

I would have loved to have been a fly on the wall, when the workcover manager rang the pension authority and said, what the h--l is going on here.

Workcover in australia is a insurance company in all but name, that covers you for injuries at your workplace.

6

Not sure if it will help, on my website, page on 'Online Resources', there are links to Goverment and Department of Work & Pensions (DWP) websites.

Go to       www. thr. org. uk             (just take the spaces out first)

Graham - 🚀💃

7

I don't want to sound whiny, Hogs, because there are a lot of people out there a lot worse off financially than me.

I was a special needs support worker in a nursery school so my job was very floor level and very physical and no desk based job could be offered although I doubt I could do that now either.

I have paid into my pension fund snce I was 18 and assumed that I would be covered. 'Gainful employment' means that you can work 30 hours a week.

I suppose I am in for a fight but when, as we all know, you are in pain and facing such a brutal op, even making a cup of coffee seems like a mountain to climb.

I think I just needed to vent!

8

I think this is a better way of describing the address of the website.

Michael

9

Thanks Renee, my pension is a personal work related pension. In the UK we get an unemployment allowance and a state pension when we get to 65. Most people in work take out a private pension to top up their miserly state pension but it should also cover you should you need to retire on ill health.

When I was retired due to ill health I was advised that I would be able to claim my pension so I am surprised that they have refused.

So sorry about your rent support horrors, people in the UK can get a similar housing benefit but like all things that are paid out it seems that the system rarely runs smoothly. 

It will work out, Renee, but I don't have any spare energy to fight for my own rights at the moment and I have two weeks to appeal.

10

Spitting mad for you as well, Lyn, I have heard so many horror stories lately - one where pension was refused and the poor man died days later. 

I know that there are, shall we say, some people who play the system, but I think at least a face to face interview might give them a better idea of what you are capable of and how your condition affects you.

I have a lovely supportive partner but neither of us earned a fortune and we are struggling at present.

I am not sure how my pension would link up with insurance as yours has, and I have already left work, but I have drafted a letter to my doc, consultant and the pension department and it is hearing from people in a similar situation that will give the strength to fight an unfair descision.

Thank you

11

Thank you! I will look. I have already had a gawp at the site and it's great

12

Kate, Yep, it's coming on - now going through my notes, and trying to put them in all the right places.

Michael, Yes, it suddenly occurred to me that would get through the website address 'censor'.

 

13

Well that certainly qualifies as an "active" job :-)

I would imagine *and hope) that the system will find another avenue to help support you. Perhaps some sort of disability payment or similar. There is so much data that finding the right section of the apporpriate section can be a nightmare. 

In the past, I have used the Citizens Advice Bureau and they are simply marvelous. I can not recomment them enough. 

Michael

 

14

you may need legal advice I think, I know that also is going to cost you money, which you can ill afford.

I know your hip replamcent will go well, and then you will feel alot better.

About you having to reply to pension claim within a very short time frame, I would question this even to the point of contacting them and telling your immediate circumstances, and saying you just cannot do this and the THR, and ask for an extension of time, in writing to confirm, also take down names and times and dates, to whom you speak.

15

Hi Kate 

under the latest legislation you are able to take out your pension at the age of 55 or before if you retire on the grounds of ill health. You can take out 25% tax free and the rest over a certain period I can't remember how long. I would go back to your insurance company and get them to pay you YOUR money or else change it to a company that will.

16

Thanks, Colin, sorry for the delayed reply but things have turned a corner. I worked for education for 34 years so my pension is a local government one not private, so to speak. I had a long talk with my union rep this week and they are behind me all the way and will take it to a legal battle if they have to. I also had an appointment with a really good doctor who has written a really clear plan of action in my notes. I feel much more positive now. I didn't want to retire in the first place but was really given no choice. My pension is a pittence in the grand scheme of things but seeing as the head of education has just given himself a £30k pay rise I suppose I am paying for it!!

17

It males my blood boil!!

I really feel for you. 

Michael

18

Local Government - Is an election coming up soon, your local newspaper might like a good story about how your local govenment doesn't support you when they should, especailly when they have given themselves that pay rise, typical.

I would check with your union though to make sure you are not gazumping them though, would not be a good idea to do that legally, maybe you can suggest to them they try that angle.

I would think they would approve if its not a party they are supporting, and if it is maybe you can use it as a threat.

19

Hah, Lyn, I am liking your militant style. My union advise going through the process set out and they will step in with a legal team if things don't work out.

Now I am supported I feel much stronger and will certainly make some noise to the papers if they still refuse. Union rep said that 80% of claims are refused at the first attempt. Just makes me so angry for people who can't fight

20

As I understand the legislation the local govt pension is under the same rules as company pensions. It's only govt state pension that is set in stone.presumably it is a joint contributary scheme.