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DECEMBER 2009 FAMILY - UK Fibromyalgia

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£357,000 Critical Illness payout for<br />

<strong>Fibromyalgia</strong> sufferer<br />

Brian Barr Solicitors have managed to achieve a full £357,000<br />

payout under a Critical Illness policy for Mr GR, a fibromyalgia<br />

sufferer.<br />

46 year old Mr GR was a successful company director who took<br />

out a substantial critical illness policy in 2002. The policy would<br />

pay him £356,903 if he were to suffer “total and permanent<br />

disability in respect of his own occupation”.<br />

During the spring of 2004 Mr GR began to suffer several worrying<br />

symptoms. His feet and hands started to get spasms, tingling,<br />

cramps and the like and his muscles could be seen to be<br />

twitching under the skin. One Sunday in the summer of 2004 he<br />

collapsed with severe pins and needles and loss of movement<br />

in his hands. The doctors made an initial diagnosis of cramp<br />

fasciculation syndrome.<br />

By August 2005 Mr GR’s condition had deteriorated considerably<br />

to the extent that he was finding it difficult to walk, write and<br />

think. He stopped work in August 2005 and by autumn 2005 he<br />

was walking aided with a stick. A Consultant Rheumatologist<br />

made a diagnosis of <strong>Fibromyalgia</strong>.<br />

In February 2006, given his ongoing chronic health problems, Mr<br />

GR contacted his critical illness insurers and made a claim. The<br />

insurers sent Mr GR to several doctors and an Occupational<br />

Therapist, each of whom recommended courses of action which<br />

might alleviate Mr GR’s symptoms. The insurers refused to settle<br />

Mr GR’s claim on the basis that his disability was not expected to<br />

be “total and permanent”, arguing that the courses of action<br />

recommended by the various specialists might enable Mr GR to<br />

return to work at a later date.<br />

of specific limbs, but will also have provision for permanent<br />

incapacity. Critical Illness, Permanent Health Insurance cover,<br />

Accident Protection and Mortgage Protection policies can all<br />

benefit <strong>Fibromyalgia</strong> and other chronic pain sufferers”.<br />

If you would like us to look at any policies you have, without<br />

obligation, please contact us.<br />

Brian Barr Solicitors, Enfield House, Bury Old Road,<br />

Manchester, M7 4QX<br />

Tel: 0161 720 6700 Fax: 0161 721 4274<br />

e-mail:" info@brianbarr.co.uk<br />

ASK BRIAN<br />

Starting in the January 2010 issue<br />

Brian Barr will answer your legal<br />

questions in respect of fibromyalgia.<br />

Please send your questions by email to<br />

office@ukfibromyalgia.com or by post to <strong>UK</strong><br />

<strong>Fibromyalgia</strong>, 7 Ashbourne Road,<br />

Bournemouth, Dorset. Please state whether<br />

you wish to remain anonymous when your<br />

question is published.<br />

Page seven - Brian Barr Solicitors<br />

In October 2007 Mr GR approached Brian Barr Solicitors. Mr Barr<br />

instructed a Consultant Rheumatologist to examine Mr GR and<br />

prepare a report. He confirmed the diagnosis of <strong>Fibromyalgia</strong><br />

and recommended that Mr GR attend a Pain Management<br />

Programme. However, crucially, the Consultant stated in his<br />

report that Mr GR would probably never be able to return to his<br />

occupation, even after completing a Pain Management<br />

Programme. In the face of this evidence, Mr GR’s insurers agreed<br />

to settle the claim in full.<br />

Mr GR says: “During the period of time that legal proceedings<br />

were taking place I found that I was dealt with in a very<br />

professional manner and was kept informed as to how the case<br />

was proceeding. Mr Barr personally dealt with the case and was<br />

at hand to advise. Without his help and assistance I doubt<br />

whether I would have won the case as insurance companies<br />

have the ability to ignore individuals and expect that you will<br />

give up the fight. I was recommended the services of Brian Barr<br />

Associates by <strong>Fibromyalgia</strong> <strong>UK</strong>, the charity set up to help<br />

sufferers."<br />

“We feel” says Brian Barr “that this case shows that we can<br />

make a real difference on these insurance claims. People often<br />

feel that Critical Illness cover just means specific conditions like<br />

cancer, strokes and heart attacks, but invariably there will be<br />

provision for payment in the event of total permanent incapacity,<br />

usually defined as being unable to work until normal retirement.<br />

Likewise, Accident Protection Policies will frequently refer to loss

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