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Start date of ill health retirement pension – The case study of Mrs N

Complaint Topic: Ill health
Outcome: Upheld
Type: Pension complaint or dispute

Mrs N complained that London Borough of Bromley (LBB) refused to backdate her ill health retirement (IHR) benefits to the date her employment cease.

Mrs N employment was terminated on 15 May 2015 on grounds of capability. Her initial application was refused, and she appealed.

LBB appointed an independent registered medical practitioner (IRMP) who reported on 12 January 2017 that Mrs N was unlikely to be able to return to her former role or undertake any gainful employment for the foreseeable future.

Based on the date of Mrs N’s GP’s report, the IHR was to start from 11 November 2016.

However, the Ombudsman found nothing in the IRMP’s report that gave any consideration to Mrs N’s position in May 2015. Therefore concluding, that proper consideration of Mrs N’s eligibility at the time her employment ended, had not been made. LBB was directed to reconsider.  

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