- Reaction score
- 0
- Points
- 10
I am hoping that one of you can help me.. To make a long story short I put in a claim which was favourable. They granted me 5% until their doctor could do an assessment - as I had to wait because my condition was not considered stable. I went to their doctor and had the assessment done, was granted an increase from 5% to 15% but at 4/5ths. I had made a formal request for the pension office to explain why I was granted only 4/5ths and not the full 5/5ths as there was nothing specific on the letter explaining why. I received a letter about 2 weeks later saying they made a calculation error and I had been granted 5/5ths and they were going to forward me the difference.
I have not heard anything more about this claim which is now almost 3 years old. This year I put in a claim for something that was consequential to the first claim. I received a favourable decision saying that I had been granted 5/5ths at 15%. When the letter arrived it said that I was only receiving 5% of that amount due to a "ERROR"
They said that when I had put in my first claim that the pension officer used the wrong chart to assess my disability. They used the 17.2 chart when they should have of used the 17.6 chart. Due to " THIER ERROR IN USING THE WRONG CHART" I should have of only been awarded 5% at 5/5ths, and that they were taking back the money that I was over paid due to this error.
My question is.. It was their error.. they used the wrong charts.. I had this condition assessed "THREE" times.. they used the same chart every time a review was done on this condition. Why did they not catch this error before now? Can they legally withold money from the second claim because of their error?? I really don't think this is fair. When I talked to the pension officer I said that I wanted to appeal it because I did not think this was fair, and that I should be penalized for their error, which they have openly admitted to. The pension officer said I would never win because the legal department would be all over this, and because it was a good faith error and not done out of maliciousness, I would not win.
Has anyone ever heard of something like this before? Does anyone know what I can do, or who to contact? I have asked a few people and everyone so far has been in total shock over this, and cant believe it..
Any ideas???
I have not heard anything more about this claim which is now almost 3 years old. This year I put in a claim for something that was consequential to the first claim. I received a favourable decision saying that I had been granted 5/5ths at 15%. When the letter arrived it said that I was only receiving 5% of that amount due to a "ERROR"
They said that when I had put in my first claim that the pension officer used the wrong chart to assess my disability. They used the 17.2 chart when they should have of used the 17.6 chart. Due to " THIER ERROR IN USING THE WRONG CHART" I should have of only been awarded 5% at 5/5ths, and that they were taking back the money that I was over paid due to this error.
My question is.. It was their error.. they used the wrong charts.. I had this condition assessed "THREE" times.. they used the same chart every time a review was done on this condition. Why did they not catch this error before now? Can they legally withold money from the second claim because of their error?? I really don't think this is fair. When I talked to the pension officer I said that I wanted to appeal it because I did not think this was fair, and that I should be penalized for their error, which they have openly admitted to. The pension officer said I would never win because the legal department would be all over this, and because it was a good faith error and not done out of maliciousness, I would not win.
Has anyone ever heard of something like this before? Does anyone know what I can do, or who to contact? I have asked a few people and everyone so far has been in total shock over this, and cant believe it..
Any ideas???