ESA / NHS ILL HEALTH RETIREMENT BENEFIT

Hi there, i wonder if you could advise me please?

i recently won an ESA appeal (with your help),and am now in the support group.i was only in with the judge for a very short while,and the letter handed to me by the usher stated the judge could not understand why,after having major hip surgery 5 weeks prior to my initial assessment, and attending on crutches, i was not awarded any points at all for mobility.

I was awarded 15 points there and then, and ESA until 2018

My queries are as follow -

I got my backpay for the above a few weeks later, and then the amended amount of benefit,but should they not have sent a letter advising me of how they had calculated this new amount,and how they had arrived at the amount of back pay i was given? they were quick enough to write and tell me my benefit had gone down to £19 PW !

I applied to NHS pensions at the same time for retirement on ill health, but was amazed to be told they think i am fit to remain in work! I have not worked for over 12 months following an accident with a patient. there were serious health and safety issues,and i successfully sued the NHS trust i worked for.

during the time off work,and eventually sacked, i have either been waiting for,or recovering from,2 total hip replacements.the recovery has been slowed down by my degenerative spine being so painful since the accident.

Does the decision of the judge in saying i am unfit to work outweigh the decision of NHS pensions saying i am ?

i am 63 years old,and had my last op on 26th August,so how on earth can i be fit for work?

i would be most grateful for any advise you or any member who has experienced the same thing, could offer me.

many thanks, Anne.

Hi Anne,

My wife went through the 'Pensioned off through Ill Health' by the NHS 10 years ago, and you are going to have a fight on your hands, Atos Origin's only job is to stop you getting your retirement benefits and they will stop at nothing to achieve it. It took me 18 months to convince them that my wife was entitled to her pension, and that by all accounts was quick.

You only get three appeals against their decision, so you need to use them wisely, I suggest that you contact 'The Pensions Advisory Service' they can put you in touch with an advisor that can help you, their help is limited in the case of Ill Health Retirement and is mostly based on checking that the Trustees of the pension scheme have considered your application properly.

I wish you luck.

Regards

Derek