Anyone have any experience of medical retirement?

[ReformedCharacter]

DP is 36 and has arthritis. He's employed by a large company, working as a driver, but has been off sick for the last 6 months. The Occupational Health doctor's opinion is that he will never be capable of manual work again in his lifetime and his employers are now waiting on the opinion of DP's consultant before they offer him some kind of settlement.

I am really, really frightened about our finances, particularly with all the welfare cuts going on.

In 2 weeks DP will go down to half pay and in 4 weeks he will lose his entitlement to SSP. He spoke to Job CentrePlus yesterday about ESA and HB and we're waiting for them to send us forms.

I know there are 2 settlement options DP's employers can choose between; either lump sum or immediate access to his pension. The lump sum would be about £20K but we've no idea how to even begin working out what his pension entitlement would be if they offered that, and as I understand it that's the one we should be hoping they choose. I'm very confused about the criteria involved as well. For instance, although DP will never do manual work again (and that's all he's ever done) he could retrain and do an office job (in theory at least). As I understand it, to access his pension he needs to be unemployable by any company for at least the next 10 years.

Can anyone enlighten me? I absolutely hate not knowing where we will be financially in the next few weeks.

Apply for ESA And also suggest that your DP makes an appointment to see the Disabled persons Employment Adviser at Job Centre Plus.

Thanks WV

Can he receive ESA while he's still employed then?

Your DH needs to speak to his HR Officer and ask them to explain what the differences are in policies. Does he have a TU rep he can take in with him? Some companies will allow a partner to go along for a discussion like this as it is a life changing event for them.

The company I work for have 2 medical retirement policies depending on the severity of the illness. The decision is based on the Occupation Health doctor's decision as to whether the employee would either not ever be able to work again for our company or never be able to work again.

I'm not sure where the 'unemployable for 10 years' part comes from. this could be the criteria they use to make their decision i.e. is X likely to return to work in the next 10 years? I doubt they would be able to insist on it though - what if someone was diagnosed with something and then in 5 years time a magic cure is found?

Without knowing your companies policies, it is hard to advise, but try not to worry. Apply for ESA and start looking about the possibility of retraining.

Do speak to the HR department for clarity. I'm sure they would be glad to put your mind at rest!

So is your DH in a final salary pension scheme then? Immediate access to the pension only really truly helps for final salary schemes. If it's a defined contribution scheme, there will be a very limited pot of money to buy the annuity.

I would second what others have said, it shouldn't be you trying to work this out. I would have thought usually someone on behalf of the trustees would talk you through the rules and how any entitlement would be calculated.

Umm, I think it's a final salary pension scheme. He works for Royal Mail and pays in a percentage of his wages. I've heard they increase it by 75% of what you would have earned if you'd continued to work until normal retirement age, if the OH doctor's opinion in that you're unemployable due to illness/disability.

OH recommended he speak to his union but they just don't return his calls. I hadn't thought of HR though, so I'll get DP to give them a ring tomorrow.

The 10 year thing is a guideline for the OH doctor. To qualify for retirement with immediate pension the doctor's opinion has to be that you are not fit for any type of work for the next ten years or until you reach normal retirement age, whichever comes first. If you do recover earlier than planned due to luck/new treatments then you can return to work without losing your pension.

It's the definition of 'not employable' that confuses me. There are clauses about employment having to be of equal pay and suitable to the person's aptitude. I'm worried they'll decide he can do clerical work or something like that when in reality he'd be very unlikely to get those jobs.

We were planning for him to go back to bus-driving but the OT doctor has said it would be unsafe. He wants to do the Knowledge of London and be a black taxi driver, but we're not sure if he'll pass the medical.

I am waffling on here because DP is reluctant to talk about any of this. He's become so depressed since he stopped working and his mobility is decreasing rapidly. His employers can't make any decisions until they've heard back from his consultant, and he's taking weeks to reply. His employers have been reasonable up until now but they are starting to hassle him about getting on to his consultant and hurrying him up. I've written letters and spoke to his secretary but we just get excuses and promises that are never fulfilled.

We have our MOT due in 2 weeks and our car won't pass. Then it's Christmas and birthdays coming up. Family are helping us financially but I hate taking money when I can't say when, or even if, we'll be able to pay it back.

I'm sorry his workplace are not being more supportive. Have his OHD department tried chasing up the report?

I would get your husband to write to the consultant confirming that he is giving permission for them to send a report to his workplace. I would also get your husband to go to his GP and get the GP to write to the consultant and state that the ongoing uncertainty with regards to work is causig depression. This might help get things moving. I would also write to the union as their behaviour is disgraceful! What has been the point of paying his dues?

I know it is a stressful time but try not tow orry too much. You are lucky that your husband is in a company with a final salary scheme - it could have been a lot worse.

With regards to the worries over clerical work, Royal mail have an obligation to try and find him a suitable position under the DDA (disability discrimination act) before terminating his employment (even on the grounds of ill health).

Hope it all goes well

Thanks Poogles

Yes, we'll write to the consultant again. Last time I spoke to his secretary she said he'd been away but confirmed that she'd seen our/RM letters and we should get a reply within a couple of days. That was last week. Actually DP is seeing his consultant on Thursday so I'll hold off on writing this week and DP can jog his memory when he sees him.

I'm so disappointed with the union. DP has paid his fees for 8 years and took part in all the strikes when we could ill afford it because that's the principle of being part of a union. His union rep has passed it on to the area rep due to holidays, but the area rep isn't replying. DP has a mate who's a rep at another branch so perhaps he'll get involved. Otherwise I'll have to write.

Our GP has been a complete arse. He won't help at all without charging us £35 and has given us really suspect advice. Stuff like "there's obviously a reason you've been refused DLA; perhaps you haven't paid enough NI contributions". I have written to the surgery manager to complain about this and to ask if there are any letters/records that could be printed off to support our appeal. She has just repeated that we need to pay. I'm loathe to go back to him and ask him to help us with the consultant as I can't see him doing us any favours after our complaint.

Btw, I know the charges are standard and I would pay if we could afford it. It's his stupid advice that has annoyed me.

The OH doctor has said that although Royal Mail must try to find him a suitable role, in reality they virtually never have any available and they are not allowed to create a job just for him.

I would love someone just to take over and deal with it all for me.

There is often very useful about such matters on this forum Arthritis Care