It is a very complex story and to summarise 9 years of information is difficult.
But in a nutshell, my husband sustained an injury on duty (PTSD) due to an incident in 2012. He is currently working within the SAPS.
SAPS approved the IOD, and also submitted a compensation claim with the Compensation Commissioner which has been approved and compensation granted.
He has had a severe relapse two years ago, and since then have been on temporary incapacity (sick-leave) for almost two years already. His psychiatrist and psychologist has been recommending permanent incapacity for more than a year and a half and SAPS has only recently started the permanent incapacity / medical boarding process. My husband has now already seen an independent psychiatrist and occupational therapist.
He is only 45 though, so my question is, will he be able to work for himself or a third party once he has been medically boarded? His doctors advised that he will be able to as long as it is not in the same industry.
Then once medically boarded, what financial implications are we looking at? I know that he only receives 70 - 75% of his salary. His GEPF statement shows when ill retired, he receives a lumpsum and monthly payment . That monthly payment, is it after SAPS deducted his medical aid, or before they deduct his medical aid? So we want to make sure the monthly amount they show on his statement is the amount he will be getting out after deductions.
And once medically boarded, will he be able to make any debt? We purchased a home about 3 years ago, so we would want to take out additional financing in about 5 years time for renovations? And he still has car financing which only ends in about 4 years, with a balloon payment, which we will also probably want to refinance. In his position, and once medically boarded, will we be able to do that?
Would it be better for him to simply resign and take his resignation benefit?
I can see how your scenario links within the parameters of labour law, however, I must advise that attorneys are not permitted to give financial advice unless they hold an adjacent specialisation in the financial industry.
I would therefore advise in your current scenario, that it would be best to seek the services of a financial advisor, before seeking legal advice.