DECEMBER 2009 FAMILY - UK Fibromyalgia
DECEMBER 2009 FAMILY - UK Fibromyalgia
DECEMBER 2009 FAMILY - UK Fibromyalgia
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
£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