Drp1 or clause E2B

Hi I need some advice please. My wife’s contract with the nhs was terminated in Feb 2023 by mutual consent due to ill health. Prior to this she already applied for ill health retirement in December 2022. My wife’s condition is secondary progressive multiple sclerosis (SPMS) together with disc issues in her back.

We eventually received the decision re pension last week and was awarded a tier 1. This means she has been classified as unable to perform her role as a band 7 nurse but can perform a role of like duration ( she worked full time).

We disagree with this decision as she is housebound and needs a wheelchair outside of the house. The Occ Health doctor and GP agree she is unlikely to improve yet the independent advisor decided otherwise.

The advice required is whether or not to appeal the decision via the DRP1 form or as it’s referred in the decision letter we can appeal for a reassessment within 3 years via clause E2B? Do we do one or the other or both? We really don’t know who to turn to for help and support in this matter.

Any help would be really appreciated.

Appeal it. Whoever was making the judgement clearly doesn’t understand MS and/or has not taken adequate notice of OH, GP and most of all, her MS Consultant. Absolutely no reason why you should kick it down the road for 3 years.

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Thanks for response. We are going to appeal via the disputes form and gather more evidence

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