Local Government Pension Scheme (PO-7460)

Ombudsman’s Determination

Outcome

I do not uphold Mrs E’s complaint and no further action is required by Rhondda Cynon Taf.

My reasons for reaching this decision are explained in more detail below.

Complaint summary

Mrs E has complained about RCT’s decision to award her Tier 3 ill health retirement benefits. Mrs E believes she meets the criteria for Tier 1 benefits under the LGPS regulations (see Appendix 2).

Mrs E has also complained that RCT have ignored her appeal against their decision. In response to their point that she did not comply with their internal dispute resolution (IDR) procedure, Mrs E says she wrote to the person who had been corresponding with her. She says she has been asking that her case be reviewed, under the IDR procedure, by an independent registered medical practitioner and not RCT’s Legal Director.

Mrs E says she has not been given a second chance to provide additional medical information to RCT; unlike other members of the LGPS. She feels she has been discriminated against. She would like the opportunity to submit Dr Ghosh’s report because it pre-dates the decision to uprate her benefits to tier 2. She points out that she had Dr Ghosh’s report some eight months prior to RCT’s 18 month review of her benefits but they would not agree to her submitting it.