Pension Funds Adjudicator Mamodupi Mohlala has ruled that a former Eskom employee who suffers from a mental disorder should be granted a disability benefit despite the fact that she may be able to return to work in the future.
The adjudicator protected the name of the employee and those of the professionals she consulted.
Mrs P, a member of the Eskom Pension and Provident Fund, complained to the adjudicator when the fund's claim assessor rejected her ill-health disability claim on the grounds that her disability was not of a permanent nature. Instead, she was paid a withdrawal benefit.
Mrs P was employed by Eskom from July 1989 until May 2005 when her employment contract was terminated due to her ill-health.
Mrs P developed depression following multiple complications of surgery in 2003. She was involved in litigation with a gynaecologist.
In 2004, Mrs P applied to the pension fund for an ill-health benefit. To support her application, she had numerous medical evaluations.
An occupational therapist and a psychologist both stated that Mrs P was not fit to work immediately and that she required better treatment.
Dr F, a neurologist, stated that Mrs P's psychological problems could "resolve with time and motivation but this is unlikely to resolve until the litigation is completed". He said Mrs P would not be able to work immediately but there was an excellent chance that she would be able to work again in the future.
Dr B, a specialist psychiatrist, also recommended better treatment and said Mrs P should gradually resume work with reduced stress levels and support from her employer.
The adjudicator said the medical assessments carried out more than 18 months after Mrs P's surgery were unanimous that she was not fit to return to the labour market.
Mohlala said all the medical experts recommended some form of future medical treatment, but none of them conclusively indicated that after such treatment Mrs P would be able to work and function efficiently.
The Eskom Pension and Provident Fund's rules did not authorise the fund, its doctors and/or the claims assessor to inquire whether a member's disability can be removed by other medical treatment, Mohlala said.
In the absence of such as provision and as Mrs P is indeed disabled, the fund is liable to pay her a disability benefit, the adjudicator said.
- The adjudicator's office can be contacted by telephone on (021) 674 0209 or (011) 884 8454.