Yesrhi Question About Appeals

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Yesrhi Question About Appeals

Post by Blackmax on Fri Jan 30, 2015 8:06 am

I'm faced with the problem of whether I appeal the SMP or not.
(This relates to my partner but will write as 1st person for ease!)

Briefly, I was Run over on duty a few years ago and finally got to this stage. I have permanent pain in my hip and struggling with PTSD.

I have a private claim with solicitor from fed in relation to the injury which won't be settled until the decision on retirement has been made.

My issue is...the SMP report has said yes to permanently disabled due to hip pain but PTSD isn't referred to in part one of the report, it is mentioned in part 3 as a non-permanent condition that will affect attendance.

Is it worth going through the appeal process to get this on part 1 of the report? Impossible to say if it is permanent or not, it's always likely to improve as time goes on but its this part of the report that is considered for the injury on duty award and I don't want to cut myself short. I'm under 35 years of age and have a long future of uncertainty with being able to get a job that I can do.

My solicitor is keen to get this part of things dealt with ASAP so that the case can be dealt with but can't give any advice or help with this and the fed are useless.

If I'm not likely to gain anything from it, for mental wellbeing sake I'll roll over and not appeal it, it's just not an easy decision to make when after all of this, the SMP probably won't change their mind anyway.

Sorry for rambling!!

Blackmax

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Re: Yesrhi Question About Appeals

Post by Blackmax on Fri Jan 30, 2015 8:29 am

Yesrhi,
You need to look at the case of Crocker, the assessment should be in the here and now not what might happen in the future. What the SMP and psychiatrist have said is pure speculation and unlawful u der the Regs.

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2003/3115.html&query=Crocker&method=boolean

Blackmax

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Re: Yesrhi Question About Appeals

Post by Blackmax on Fri Jan 30, 2015 8:35 am

In my view the PTSD should be included.

Have you seen the SMP's report yet, I presume yes from your post. If so what does the report say about ability to work in the future.

With PTSD it's important to know when the incident was and if it's been treated. If it's still manifesting itself and the incident was some time ago the likelihood is the effect will to some degree be permanent, I speak from personal experience.

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Re: Yesrhi Question About Appeals

Post by Yesrhi on Fri Jan 30, 2015 10:27 am

Thanks for moving the post over!!

I think the main argument is that they are saying it might not be permanent.
Our argument is, who can say either way.

I can't see how it will be resolved as neither can prove whether permanent.
I guess that people have been retired on basis of depression alone, which I would argue that how can you prove if that is permanent or not.
My personal opinion is that you probably dont ever 100% recover from these symptoms.

I think ive got a lot of research and writing to do!

Yesrhi

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Re: Yesrhi Question About Appeals

Post by Blackmax on Fri Jan 30, 2015 10:00 pm

Yesrhi, your spot on, however to challenge this decision you will need to appeal to PMAB.

This is a decision entirely for you but I would recommend approaching a top solicitor and they don't come any better than Mark Lake. He will advise and support you through the process.

This process does of course have the stress that goes along with it, but stated cases support your view. Unless the SMP and the psychiatrist gave a crystal ball then how can they predict what will happen, the answer is they can't.

The issue with this is the SMP isn't directing the psychiatrist correctly, I supect in fact that the former doesn't even know the Regs, either that or he's interpreting them to suit his own means. In his case it won't be the first time.

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Re: Yesrhi Question About Appeals

Post by Yesrhi on Fri Jan 30, 2015 11:35 pm

The other half is struggling with it all at the minute to be honest. She's thinking about just agreeing with it to get it over and done with and if it's better for her health wise I just want what's best.
I'm from a different force so going to have a chat with my fed rep on Monday who may be more helpful, just think if it's a lot more stress it's just too damaging.
We'll see. Thanks again for your advice though

Yesrhi

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Re: Yesrhi Question About Appeals

Post by Blackmax on Sat Jan 31, 2015 5:23 am

Hi mate, I do fully understand, I know that from personal experience.

On the other hand I knew the way I was treated would really get to me in the future and you do have the opportunity to put that right. Your partner deserves to be assessed fairly and what C & P have done at best outside Regulations.

I would suggest you wait until you receive the Reg 11 notice and then decide.

I wouldn't loose sight of the fact you have two psychiatrists backing up your partners prognonis.

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