SMP appeal

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SMP appeal

Post by Bob59 on Fri Mar 13, 2015 6:01 pm

Dear all,
Need some advice on appealing the SMP banding on IOD. I have been assessed as Band 2 and I am considering an appeal on what I feel are sound grounds. My question is, can the appeal board / SMP reduce my current award if I appeal or does that stay the same?

Bob59

Bob59

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Re: SMP appeal

Post by Roger Melly on Fri Mar 13, 2015 7:53 pm

Hi Bob,
I am no expert but I think the simple answer is Yes, however you need to see were in band 2 you fall. I would suggest getting professional advice but if you were 26 points I would think long and hard however if you were assessed at 49 I would say you were a fairly safe bet.

Roger Melly

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Re: SMP appeal

Post by Bob59 on Fri Mar 13, 2015 8:46 pm

Roger,
Thanks for the reply.

Bob59

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Re: SMP appeal

Post by Urtica on Sat Mar 14, 2015 2:07 pm

Bob,

Is this an appeal against the decsion on degree of disablement at the initial point-of-grant of an injury award, or have you been reviewed?

Either way, there are time limits on initiating an appeal to a PMAB. You have 28 days from when you received the SMP's report containing his decision on degree of disablement in which to give the police pension authority (PPA) notice of appeal. You then have a further 28 days in which to provide the PPA with your grounds of appeal.

The PPA will then arrange for an appeal board to be convened and will advise you of date and place.

You should not go to a PMAB without first having taken professional advice about the prospects of a favourable outcome and if you do go ahead then you should ensure you have legal representation at the hearing. Although PMAB hearings are supposed to be mainly medical in nature, many arguments arise over application of the Regulations.

The Federation should provide initial advice and support and can arrange legal representation. If you prefer, then you could contact one or other of the two excellent solicitors who specialise in handling police pension matters and who are highly recommended by PIPIN members. They usually obtain funding from the Federation as they are on the approved list, so there would be no charge to you.  I can give you their contact details if you wish. The details used to be on the old PIPIN site but are no longer there.

A PMAB can indeed decide your degree of disablement as less than the original decision, but can also increase it. I'm afraid these hearings do not produce reports or transcripts for public consumption, so it needs recourse to the Freedom of Information Act to learn the statistics on outcomes. I believe such data as is available shows that most hearings result in the original decision being confirmed.

If you are out of time to initiate a PMAB hearing, then you can still challenge the decision by recourse to regulation 32-(2) of the Police (Injury Benefit) Regulations 2006. This allows the PPA to agree to asking the original decision-maker to reconsider his or her decision. You would need, just as with a PMAB, to show there had been some error of fact or law. The PPA is not under an obligation to agree to arrange a reconsideration, but they would need a good reason to refuse a request for one. There is no time limit on when you can ask for a reconsideration.

At least one force routinely initiates regulation 32-(2) whenever someone gives notice of appeal to a PMAB. The idea is to see if the challenge to the decision can be dealt with quickly and at less expense rather than going to a PMAB.

Some forces take a different approach and will not entertain a request for a reconsideration unless you have run out of time to launch an appeal to a PMAB. Some even try to refuse a reconsideration on grounds that you did not bother to ask for an appeal. Quite why they want to spend publuc money on a Board when they have it in their power to sort things out cheaply and easily remains a mystery.

Urtica

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Re: SMP appeal

Post by RedDog on Sat Mar 14, 2015 9:47 pm

The solicitors contact details are on this new forum under PIPIN Website then click on Contacts!

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Re: SMP appeal

Post by Bob59 on Mon Mar 16, 2015 7:25 pm

Thanks for that RedDog.

Bob59

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