IHR

[phronsias]

Hello.
I don't want to give too much personal information but I would be grateful for any advice. I'm a delivery postman, 22yrs in, I have a number of disabilities one of which the medication I have bad reactions to at regular intervals. Because of this I dropped down to 30 hours part time from full time hours due to the fact I was being pressured to do more work than I could physically cope with. In 2019 I injured my spine and as a result I have a compressed spinal cord. While I was off sick with this I caught a cold in March 2020 which went straight to my chest. To cut a long story short I've had a CT scan which shows I have calcium deposits in my lungs and the diagnosis was a virus of unknown origin. This has left me with severe breathing difficulties.
I asked for IHR and the OH doctor rang me before Christmas. At the end of the conversation he said he would need more information from my GP so he could make an informed decision as to whether I get a lump sum or a lump sum with benefits.
I sent the consent form back to OH on 4th January 2021. This was the 2nd consent form I'd sent back since Christmas. I got a text telling me I was to have another 'leaving RM ' interview on 12th January. I asked my line manager why I was haviing a 2nd interview ... the answer came back "I don't know".
The 2nd OH doctor said that they hadn't received my medical notes from my GP so he was going to make his decision based on this phone conversation and notes. I told him I had sent the GP consent form back less than a week ago, he said he was going to make his decision without my medical notes.
He only asked me about my breathing difficulties, not about any of my other conditions. I told him that the consultant had not made a diagnosis and wanted a face to face consultation and I am still waiting for an appointment.
I received a phone call from my line manager 2 days after this telling me to come in to sign the forms. I said I wasn't well enough as I was having a flare up. They said to come in the next day but I said I was too unwell and I wanted to see the forms and the OH report before I signed anything. I received the forms today and the OH report only mentions my breathing problems, which the OH doctor says I will recover from, to enable me to work in the future, with no mention of my compressed spinal cord or my other disabilities. So the decision he made was to award me a lump sum but no benefits and the lump sum to be based on part time hours and not my 20 years of full time service.
I would like to know what my best course of action should be.

[k979aaa]

One sorry for your condition sounds like a COVID-19 condition with your lung condition you need better support from the NHS and doctors as to IHR the reason they go on is what you went off with and pension is whether you can do any job in future even desk job. The part time hours is a contractual issue but they only pay on the wage you were on before you were off on ie even if you went to half pay no pay your payout should be based on the week before you went sick. Sorry and hope you get better soon

[phronsias]

Thanks for your reply. I'm concerned that RM wants to rush me into making a decision. I can't understand how the OH doctor can make a prognosis and my respiratory consultant cannot. My compressed spinal cord limits my movements, rotating, reaching, lifting and bending are extremely painful. My other conditions are covered under the Equality Act and yet they are not going to be taken into consideration?
I was tested for Covid and was told I have no covid antibodies and my lung infection was caused by a 'Covid like' virus.

[97gaz]

I was in a similar position. At 62 I had Rheumatoid arthritis, lung damage they still haven't diagnosed and manageable Prostate cancer. I would have liked to lower my hours but RA only gets worse and I knew at some point I would have to take IHR. IHR is always paid out on your current hours so I hung on full time until I just couldn't do it anymore and asked for a referal to OH. It took six weeks as they needed letters from consultants and doctors.

I was offered IHR lump sum or the benefits scheme. The benefits option is three years half pay but its not that simple. You have to claim employment support allowance and then RM make the money up to half pay. So I took the lump sum. I thought that was it until a couple of weeks later when I got a letter asking how I would like my pension paid. Apparently they had decided I wouldn't be able to work again and gave me my pension early.

Your best option is to get the Union involved.

[97gaz]

I was tested for Covid and was told I have no covid antibodies and my lung infection was caused by a 'Covid like' virus.

I'm pretty sure I and some of my family had Covid mid March and I caught it from the CSP. I paid for an antibody test in August which came back negative. It turns out these tests will only work within 3-5 months. You don't lose immunity as the T cells remember the disease but the antibodies disappear.

[k979aaa]

Can you contact your area rep this is very complex and if your in the union you need advice failing that an employment solicitor may be worthwhile.

[phronsias]

Thanks guys. You've given me a lot to think about. Do you know if the lump sum I've been offered is tax free?

[k979aaa]

As far as I know anything less than £30,000 is but laws do change good luck

[97gaz]

Thanks guys. You've given me a lot to think about. Do you know if the lump sum I've been offered is tax free?

The 34 weeks lump sum is tax free but they will tax your 12 weeks lieu of notice. You have to transfer or sell your shares if you haven't already done so but they'll also be free of tax. There was a £17 charge for selling mine.

[Sugar]

I sent the consent form back to OH on 4th January 2021. This was the 2nd consent form I'd sent back since Christmas. I got a text telling me I was to have another 'leaving RM ' interview on 12th January. I asked my line manager why I was haviing a 2nd interview ... the answer came back "I don't know".
The 2nd OH doctor said that they hadn't received my medical notes from my GP so he was going to make his decision based on this phone conversation and notes. I told him I had sent the GP consent form back less than a week ago, he said he was going to make his decision without my medical notes.

Same happened to me. I sent my consent in multiple times and in the end sent it via special delivery so I could see who'd signed for it etc.

I'd get union involved as they are not basing the decision on all your conditions by the looks of things and you need to be 100% sure in yourself that everything has been done above board before making a decision like taking IHR.

I would also speak with your GP to make sure they've been contacted by OH and have sent off all the relevant information. I did with mine when there were issues and again, IIRC, OH said they hadn't had it even though my GP said it had been sent and gave me the date it was sent.

If you do take IHR you can also claim ESA (contribution based) for 12 months with additional payments for any medical treatments you may be getting that's stopping you from working and also personal independent payment (PIP) again also based around "disabilities" that affect your everyday life and ability to work.

Worth speaking to the citizens advice bureau and using this charity https://www.turn2us.org.uk/ to see what's available to you. I used both and they were extremely helpful.

[phronsias]

Hello again
Just got off the phone with my line manager and they said, because I have appealed against the decision to give me a lump sum with no benefits, OH will not request my medical records and it is up to me to provide further medical information to prove my incapacity for future employment. OH have not requested my medical records from my GP. I have an appointment mid-March with my respitory consultant, face to face examination, and hopefully she will be able to give me a diagnosis.
My question is - is it up to me to provide medical evidence or should OH request my records, as they said they were going to before Christmas? And how can OH come to a decision before I get a diagnosis?
TIA

[phronsias]

I would be grateful for any advice

[Marshamp11]

Hello again
Just got off the phone with my line manager and they said, because I have appealed against the decision to give me a lump sum with no benefits, OH will not request my medical records and it is up to me to provide further medical information to prove my incapacity for future employment. OH have not requested my medical records from my GP. I have an appointment mid-March with my respitory consultant, face to face examination, and hopefully she will be able to give me a diagnosis.
My question is - is it up to me to provide medical evidence or should OH request my records, as they said they were going to before Christmas? And how can OH come to a decision before I get a diagnosis?
TIA

I would say regardless of whether OH or yourself should be responsible for gathering your records just grab the bull by the horns and gather them yourself and forward them on to OH with some sort of proof of doing so. Then you know it has been done. Don't rely on OH or anyone else.

[General Mannerheim]

And how can OH come to a decision before I get a diagnosis?
TIA

Most people who go through the IHR system do not appeal , and secondly occupational health are asked a number of set questions by your Dom or manager dealing with your case on the business referral form, the main one being along the lines of "Can we f**k this geezer off on IHR as he's been off x number of months"....occupational health are paid a huge sum by Royal Mail to provide `expert medical opinion` and if they want rid of somebody they will quite readily offer up `a medical opinion ` that your not fit to work, if they can feck you off on the 34 weeks bollocks instead of the immediate pension then they wiil, your just a faceless postie to them, and they don't give a crap if a few posties appeal against the decision as you've found out you have to then jump through hoops getting specialist reports etc to get either your job back or your rightful pension.

[97gaz]

I've just been going back through the options paperwork I got and I'm now not sure what you mean by lump sum with benefits. There are only two options I got and that was lump sum or benefits.

Option 1 is lump sum as described (34 weeks +pilon)

Option 2 three years half pay minus any ESA you are entitled to.