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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I WORKED FOR THE RAC FOR OVER 20 YEARS AND WAS RETIRED ON INCAPICITY

Resolved Question:

I WORKED FOR THE RAC FOR OVER 20 YEARS AND WAS RETIRED ON INCAPICITY PENSION

I WAS TOLD VERBALY THAT I WOULD RECEIVE THIS PENSION EVEN IF I STARTED WORK

AS LONG AS IT WAS NOT IN THE SAME FIELD I HAVE BEEN RECEIVING THIS BENIFIT FOR

ABOUT 12 YEARS I STARTED WORKING ABOUT 8 YEARS AGO WHICH THEY WERE WELL

AWARE OF NOW THEY WANT TO SEE MY MEDICLE RECORDS WHICH I LOATHE TO DO

THEY ARE SAYING IF I DONT THEY WILL STOP OR REDUCE THE PENSION I AM RECEIVING

IF THEY STOP IT ARE ENTILED TO ASK FOR THE MONEY THEY HAVE ALREADY PAID

TO BE PAID BACK
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Why don’t you want to let them have your medical records?
Customer: replied 4 years ago.


it is not that i mind them looking at them it is just that i dont know who is looking at them iam more concerned that they can claim the monies they


have already paid back i still suffer from shoulder and neck pain which i incurred at my time with the rac now i have a less energetic job as a ware house assistant

Expert:  Stuart J replied 4 years ago.
To be honest, I don’t think they are entitled to recoup any money from you or stop paying, once you have been medically retired. If your situation gets better, that is what happens with health.
That is provided of course that your early retirement was not based upon erroneous information or any kind of misleading information.
The difficulty you face is that whilst I do not believe that they are entitled to do this, it actually comes down to the pension scheme and its details as to whether they are not and studying small print of pension schemes is obviously beyond the scope of this site.
Assuming that there is nothing in your medical records which would be incriminating, I would simply let them have what they want.
A further difficulty you have is that if they decide to stop the money coming and ask for repayment, whether they are entitled to that are not at the end of the day, you are faced with suing the pension fund even though you might ultimately win.
You can of course refer the matter to the pensions ombudsman http://www.pensions-ombudsman.org.uk/
which might be something you would want to do immediately because they are holding the sword of Damocles over your head. Meanwhile, I do not think that you have any reason whatsoever to withhold your medical records.
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