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Serving or ex-military personnel


Kevscar1

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I have a hearing on Friday for a judicial review into the Police Medical Appeals Board's refusal to allow early release of my pension due to permant disability. What I need to know is if you were to become permantly disabled are you allowed to request early release of your servie pension and if the MOD reused is there an independant body you can appeal to and it's name.

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Forum Editor

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In the case of a Police pension If you are dissatisfied with a decision by a medical practitioner selected by the police authority, you may appeal against it. You must give notice of your appeal within 28 days of receiving a copy of the medical practitioner’s report. If the report relates to your eligibility for awards payable on grounds of permanent disablement, you must support your appeal by a report from your own doctor which disagrees with that of the selected medical practitioner. The selected medical practitioner will be asked to reconsider his or her report. If this does not resolve the matter, a third registered medical practitioner will be asked to give an opinion which, if it disagrees with the selected medical practitioner, will be final. If the report relates to permanent disablement, you may appeal to a medical Appeal Board. You must normally give notice of your appeal to your police authority within 28 days of receiving the report from the selected medical practitioner.

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spider9

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"Well the federation are to scared too back me so I'm in court on my own"

I find it hard to believe the Federation are too scared, and I would be a bit concerned for you taking on the court by yourself. What reason does the federation give for not representing you? You are/were presumably a paid-up member and that's the protection/service you paid for, surely?

Sounds a bit worrying to me, but best of luck on the day.

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Forum Editor

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Like spider9 I'm somewhat concerned by your comment that "the federation are to scared too back me"

To be brutally frank I think you've decided that it's too scared, and the fact that you are not being represented should surely ring a small warning bell at the very least?

We don't have the full facts relating to your claim, and even if we did we wouldn't be in a position to comment on a decision taken by the Police medical appeals board.

I assume your court appearance is an attempt to persuade a judge to grant you leave to mount a judicial review challenge to the Appeal board's ruling. I obviously wish you well with this.

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spuds

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spider9- I like most people reading this thread can only assume what is happening as far as Kevscar1 actions are. I could be wrong, and perhaps Kevscar1 will perhaps confirm. But I can only assume that the Federation would not perhaps make a representation, because Kevscar1 is no longer a member or hasn't been a member for many years?.

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Forum Editor

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spuds

I hadn't thought of that; it may be the explanation.

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Kevscar1

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Federation did the Medical Appeals Board but stated that if we lost a Judicial Review they could be hit with £16000 in costs and they were not prepared to risk that much. FE Yes it is for the Review

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Forum Editor

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Kevscar1

"...if we lost a Judicial Review they could be hit with £16000 in costs and they were not prepared to risk that much."

Presumably because they are far from optimistic about your chances of success. Again, I wish you all the best with this.

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Kevscar1

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FE The otherside are contractually barred from defending their decision so unless Hants want to try and defend it for them It should just be me and the Judge

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Kevscar1

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Despite Hants havibg a solicitor there I won I haave my judicial review at the High Court in June. Now all I have to do is find out what I have to do there.

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Chronos the 2nd

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"Despite Hants having a solicitor there I won I haave my judicial review at the High Court in June".

Good news indeed. Keep us posted.

I know going up, against these bureaucratic bodies can be a nightmare and time consuming but if you feel you have a strong enough case then it is worth perusing no matter what obstacles are put in your way. I am currently (4years) locked in a fight with my local NHS and it is quite unbelievable the, and there really is no other phrase for it, dirty tricks they have tried to pull to get me to drop my case.

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