IHR and Appealing.

[Sailes123]

Hi, I am just enquiring about a situation I find myself in.
I have just been advised that I have to leave the company and take IHR with a lump sum. I think I am entitled to the higher rate, lump sum with income support, but to appeal the decision that the managers have decided on , through Optima Health report, they say I have to leave the company then appeal it after I have left. Can anyone tell me whether this is the right procedure.

[97gaz]

What is lump sum with income support? I left two years ago and took the lump sum. The only extra I got was that they started my 65 pension early as they deemed I wouldn't work for anyone again. I was 62 then.

[scoobydo79]

I would have thought when You leave You Will be asked to sign paper work . Don’t see how You can appeal then as You have agreed to the outcome.

[TrueBlueTerrier]

I would have thought when You leave You Will be asked to sign paper work . Don’t see how You can appeal then as You have agreed to the outcome.

Like most things there are loopholes. If the dismissal is unfair on grounds of disability and he was advised incorrectly then he may have an option to make a claim. Lots of ifs and buts.

To the OP, your question is very technical and probably wouldn't get a definitive answer on here. I think a call to CAB would hopefully point you in the right direction, they are very good on both employment and disability issues.

[97gaz]

Have you got any paperwork yet? There were only two options on my paperwork. Lump sum or income support. The income support option is 50% of pensionable pay for three years minus whatever you get in ESA or are deemed to be entitled to under ESA. The figures quoted also have a comparison between lump sum and income support and they both work out at £21K

[redlen]

There are no new claims for ESA or Income Support having been replaced by Universal Credit

[97gaz]

There are no new claims for ESA or Income Support having been replaced by Universal Credit

My paperwork is two years old so I would imagine any new paperwork will just state UC instead of ESA. Unless this option of IHR has been binned.

[chuckychucks]

From a few guys who have left our office on IHR they told me that the 2nd income option is never offered, they had to first leave with the lump sum and then appeal.

According to them the process can take 6-8 months and if you have the support of your GP or Specialist in the form of a report backing up that your medical issues are likely to stop you from working again then that appeal should be successful.

The decision is not made by a manager, it is made by occupational health.

You then would have to hand back the initial lump sum and get access to your pension and get access to 50% of RM pay for 3 years as well as a reduced rate of ESA (Universal Credit) because of the pension income.

After the three years you will be reassessed again and if the same criteria is met you would be then entitled to a lump sum under a RM insurance policy that is determined by how much time you would have had left to work in any capacity.

This is what I have been told, not sure if it’s 100% correct.

[zipmeister]

Hi, I am just enquiring about a situation I find myself in.
I have just been advised that I have to leave the company and take IHR with a lump sum. I think I am entitled to the higher rate, lump sum with income support, but to appeal the decision that the managers have decided on , through Optima Health report, they say I have to leave the company then appeal it after I have left. Can anyone tell me whether this is the right procedure.

I have done a couple of these and they both had to leave and appeal once dismissed.

[97gaz]

get access to 50% of RM pay for 3 years as well as a reduced rate of ESA (Universal Credit) because of the pension income.

The 50% pay includes any ESA or UC you are entitled to. Not everyone will be entitled to pension payments

[97gaz]

Providing I don't get swamped with requests I can PM people copies of the paperwork if required.

[67zappa]

I'm in a pickle too . Had a major heart attack in May . Was struggling after 2 operations still . Found immune system problems to boot . Still nursing Achilles tendon issue from bogus blameworthy at work, that led shortly afterwards to the heart attack . A few weeks ago they said they are starting IHR . I went into a 3 day panic attack , starting getting chest pains again and lost a stone in a week through anxiety . Had to be put on pills .....in addition to all the heart ones . OH meeting is this Tuesday...........manager mentioned frozen pension and lump sum but that leaves me broke and broken after dues are paid . Asked for help from rep (not enough experience), area (not enough either), branch (no return call answerphone), legal (file a claim afterwards), first class support (emotional support only)and HR (answer machine) . Help

[97gaz]

I'm in a pickle too . Had a major heart attack in May . Was struggling after 2 operations still . Found immune system problems to boot . Still nursing Achilles tendon issue from bogus blameworthy at work, that led shortly afterwards to the heart attack . A few weeks ago they said they are starting IHR . I went into a 3 day panic attack , starting getting chest pains again and lost a stone in a week through anxiety . Had to be put on pills .....in addition to all the heart ones . OH meeting is this Tuesday...........manager mentioned frozen pension and lump sum but that leaves me broke and broken after dues are paid . Asked for help from rep (not enough experience), area (not enough either), branch (no return call answerphone), legal (file a claim afterwards), first class support (emotional support only)and HR (answer machine) . Help

Sorry to hear that. Maybe not what you want to hear but the Union probably can't do anything for you. If there's no prospect of you going back to work for a considerable time then the company has a right to begin the IHR process. Lump sum for a full timer is about £21.5k with outstanding AL paid shortly after. If you're under 55 then your pension will probably be deferred. Sorry I can't give you something more positive.

[k979aaa]

I depends if you can do another job ie work from home or do any job at all. If you cannot they pay a support income this is dependent on the pension fund you were in and how long. It is a process and will take time sorry about your illness the basic IHR is a pay off and assumes you can work again but not in this job and is 34 weeks pay plus 13 weeks max PILON and any weeks of annual leave hope this helps you and all the best!

[greengiant]

I'm in a pickle too . Had a major heart attack in May . Was struggling after 2 operations still . Found immune system problems to boot . Still nursing Achilles tendon issue from bogus blameworthy at work, that led shortly afterwards to the heart attack . A few weeks ago they said they are starting IHR . I went into a 3 day panic attack , starting getting chest pains again and lost a stone in a week through anxiety . Had to be put on pills .....in addition to all the heart ones . OH meeting is this Tuesday...........manager mentioned frozen pension and lump sum but that leaves me broke and broken after dues are paid . Asked for help from rep (not enough experience), area (not enough either), branch (no return call answerphone), legal (file a claim afterwards), first class support (emotional support only)and HR (answer machine) . Help

If you do get IHR you should still be eligible to claim contributions based ESA, plus depending on your symptoms you may be able to claim PIP.