Local Government Pensions Scheme Regulations 1997 - DETR/DTLR/ODPM Appeal Determinations - Regulation 27

Ill-Health

Medical condition at time of leaving

1)       Employment terminated on capacity grounds

2)       Refused ill-health as unknown if illness permanent

3)       Appeal dismissed  - 6/12 mths review period

522

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Appointed person awarded ill-health benefits

2)       Employer appeal against decision

3)       Appeal dismissed

525

L97:27

27

Ill-Health

Appointed Person overturned employers decision

1)       Employed as bus driver taken off duties Nov 97

2)       Employment terminated May 98-refused ill-health

3)       A.P. awarded ill-health from Nov 1997

4)       Appeal pt allowed - ill-health from May 1998

563

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Claimed back injury due to accident at work

2)       Medical condition that condition not permanent

3)       Appeal dismissed � no conclusive proof

575

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as bus driver involved in traffic accident

2)       Licence withdrawn by DVLA for 5 yrs � resigned

3)       Appeal dismissed � permanency not proven

581

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employer refused ill-health overruled by A.P.

2)       Employer appealed against A.P. decision

3)       Appeal dismissed � entitled to ill-health benefits

599

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       History of medical problems

2)       Problems not considered permanent

3)       Appeal dismissed

625

L97:27

27

Ill-Health

Member claimed ill-health retirement

1)       Made redundant whilst on extended sick leave

2)       Deferred benefits paid from following day

3)       Appeal dismissed � termination employment issue

639

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       History of ill-health on extended sick leave

2)       Employment terminated on capability grounds

3)       Appeal dismissed � permanency not proven

644

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as diver, history of recurrent anxiety

2)       Medical option that condition not permanent

3)       Appeal dismissed

668

L97:27

27

Ill Health

Medical condition at time of leaving

1)       History of back pain/spondylolisthesis

2)       Surgery unsuccessful, unable to state permanent

3)       Appeal dismissed

670

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Application for ill-health refused

2)       Employment terminated

3)       Appeal dismissed�condition not proven permanent

671

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as bus driver, history of back pain

2)       Employment terminated on grounds of capability

3)       Appeal dismissed � �real chance of recovery�

675

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employment terminated on grounds of incapacity

2)       History of stress disorder

3)       Appeal dismissed � no evidence of permanence

691

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employment terminated on incapability grounds

2)       Appointed Person awarded ill-health benefits

3)       Employer appeals against A.P. decision

4)       Appeal dismissed � upheld decision of A.P.

693

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as bus driver � DVLC withdrew licence

2)       Employment terminated on grounds of capability

3)       Appeal dismissed � permanence not proven

704

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as Bus driver � PCV licence revoked

2)       Employment terminated on capability grounds

3)       Appeal dismissed � no conclusive evidence

716

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employment terminated after long term sickness

2)       Medical reports unable to confirm permanence

3)       Appeal dismissed

720

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as bus driver, history of cervical pain

2)       Medical unable to confirm permanency

3)       Appeal dismissed

745

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       History of depressive illness

2)       Employment terminated on capability grounds

3)       Appeal allowed � permanency proven on balance

747

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Appointed person awarded payment of I/H benefits

2)       Employer appealed against decision

3)       Appeal allowed � deferred bens paid early on I/H

748

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       History of medical problems

2)       Appeal dismissed � no conclusive evidence

752

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       History of medical problems

2)       Council refused request for ill-health retirement

3)       Member resigned

4)       Appeal dismissed � not proved illness permanent

759

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as bus driver, PCV licence revoked

2)       Employment terminated on grounds of incapability

3)       Appeal dismissed � not proven illness permanent

768

L97:27

27

Ill-Health

Member refused ill-health retirement

1)       Member still employed

2)       Therefore has not left by reason of ill-health

3)       Can only be determined after leaving

770

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as bus driver, PCV licence revoked

2)       Member ceased employment

3)       Appeal dismissed � not proven illness permanent

772

L97:27

27

Ill-Health

Transferred to Rent Officer Service Agency

1)       Employer investigating ill-health at time of transfer

2)       Still employed at date of transfer

3)       Appeal dismissed � not terminated on ill-health

775

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employment terminated on redundancy grounds

2)       Employee requested ill-health retirement

3)       Medical opinions inconclusive

4)       Appeal dismissed-ill-health not proven

848

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employment terminated on grounds of incapacity

2)       History of chronic fatigue syndrome

3)       Appeal dismissed � not proven permanent

850

L97:27

27

Ill-Health

Medical condition at time of early retirement

1)       Member had asked for ill-health retirement

2)       Subsequently took early retirement

3)       Appeal dismissed � reason for leaving not I/H

851

L97:27

27

Ill-Health

Medical condition at time of leaving

1)        Dispute regarding members duties

2)        S.o.S view that no decision until resolved duties

3)        Refer to new independent medical practitioner

853

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Deferred Bens subsequenty paid early on ill-health

2)       No evidence condition existed at date of leaving

3)       Appeal dismissed

856

L97:27

27

Ill-Health

Medical condition at date of leaving

1)       Employment terminated on capability grounds

2)       Member on extended sick leave

3)       Appeal dismissed � not proven permanent

857

L97:27

27

Ill-Health

Employment terminated by matual agreement

1)       Compensation paid for loss of employment

2)       Employment terminated after extended sickness

3)       Appeal dismissed-reason for leaving not I/H

858

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employment terminated on medical incapability

2)       Suffering from an anxiety/depressive illness

3)       Conflicting medical evidence

4)       Case referred back for independent medical

859

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Suffering from depression/anxiety

2)       Medical evidence inconclusive as to permanence

3)       Case referred back for independent medical

860

L97:27

27

Ill-Health

Medical condition at date of leaving

1)       Suffering from chronic syndrome/ME

2)       Medical evidence inconclusive to permanence

3)       Case referred back for independent medical

862

L97:27

27

Ill-Health

Medical condition at date of leaving

1)       Deferred Benefits paid early on ill-health

2)       Back problems � conflicting medical opinions

3)       Case referred back for independent medical

863

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Suffering from Chronic Fatigue Syndrome

2)       Age 26, unable to certify unlikely to improve

3)       Appeal dismissed � not proven permanent until 65

864

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Suffering from anxiety/depression

2)       Medical view that condition treatable

3)       Appeal dismissed � not proven permanent

865

L97:27

27

Ill-Health

Medical condition at time of termination on redundancy

1)       This case had been referred back (see case 654)

2)       Claimed that medical adviser not independent

3)       Appeal dismissed � no conclusive evidence

866

L97:27

27

Ill-Health

Medical condition at time of leaving

1)        Suffered from injury to wrist unable to lift

2)        Condition treatable, no timescale for healing

3)        Appeal dismissed � not proven permanent

870

L97:27

27

Ill-Health

Medical condition at time of leaving

1)       Employed as a plumber, injury to shoulder

2)       Conflicting medical evidence to permanence

3)       Appeal dismissed � not proven permanent

871

L97:27

27

Ill-Health

Council appealed against Appointed Persons decision

1)       Appointed Person awarded ill-health benefits

2)       Medical evidence not conclusive

3)       Appeal allowed-condition not permanent

872

L97:27

27

 

 

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