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Former triathlete 'faked chronic fatigue to claim millions in insurance'

RogerBlack

Senior Member
Messages
902
http://www.coventrytelegraph.net/news/local-news/former-triathlete-faked-chronic-fatigue-12752212

The barrister, who disclosed that Mr Miley had been secretly filmed by private investigators on behalf of Friends Life, said he was medically assessed in September 2013 in a periodic review.

He told a chronic pain specialist he felt “rotten” after his first assessment, and had to retreat to the sofa at home - being unable to walk or read emails.

But the QC told the court: “In fact, contrary to these assertions, on the 24th of August 2013 Mr Miley had attended a beer festival at a public house for approximately five hours.

“He had socialised with friends without any apparent difficulty and, after drinking several pints, drove himself, his wife and his seven-year-old daughter home.”

Not to say symptoms can't be faked, but the alternate picture of a variable condition seems more plausible to me.
 

junkcrap50

Senior Member
Messages
1,330
http://www.coventrytelegraph.net/news/local-news/former-triathlete-faked-chronic-fatigue-12752212



Not to say symptoms can't be faked, but the alternate picture of a variable condition seems more plausible to me.

This is pretty unfortunate. He could very well still have CFS. I can suck it up for 5 hours to meet friends at a beer festival on some days. On the outside I look normal, but I'm struggling inside. But I wouldn't be able to do much the next day or wouldn't be able to repeat such an outing if I was having a "bad day."

Also, I don't personally drink anymore in an attempt to be and get healthy but alcohol never affected me or my CFS. Actually, I became immune to alcohol's intoxicating effects. I can't get drunk strangely. But I know I'm an exception.
 

Chrisb

Senior Member
Messages
1,051
The headline is clearly a disgrace. One presumes that many of the paper's readers will take the allegation of fakery to be a fact and not merely the unproven claim of one of the parties to the action. The real test for the newspaper comes with the reporting of the rest of the case.
 

aaron_c

Senior Member
Messages
691
I've always felt much better for about 24 hours after I have a glass or so of wine. I'm not really sure why.

Not that I've tried this "treatment" long-term.
 
Messages
3,263
Its an odd tale. He says he had been advised to "Making use of his good periods by exercising as much as possible". Would anyone give us that advice - BPS believers or no?
 

RogerBlack

Senior Member
Messages
902
Its an odd tale. He says he had been advised to "Making use of his good periods by exercising as much as possible". Would anyone give us that advice - BPS believers or no?

It is contrary to NICE guidelines at the time.
However, it would astonish me if quite a few GPs haven't given prescicely that advice, and many 'self help' type places advocating random terrible stuff over the years.

There is also a vast difference between 'exercising as much as possible' - taken to mean aerobic exercise to VO2max (for example), or taken to mean 'be as active as you can, without triggering PEM', which may be not well reported, or perhaps stated poorly to court.
 
Messages
10,157
Not a great article. I find it very strange -- this all or nothing position on disability in the UK. You have to be 100 percent disabled 100 percent of the time or you aren't disabled????

Let's get realistic -- some chronic conditions wax and wane.

Canadian Pension Plan for disability:

Vocational Rehabilitation Program
The Disability Vocational Rehabilitation Program is a voluntary program that helps Canada Pension Plan (CPP) disability benefit recipients return to work.

If you are receiving a CPP disability benefit, you may be eligible for vocational counseling, financial support for training, and job-search services.

While you participate in the program, you continue to receive your regular CPP disability benefit, including while you search for a job.

In the past, many people receiving benefits because of a severe and prolonged disability believed that they were permanently out of the work force. Now, new technologies, medical treatments and skills training are making it possible for some people with severe disabilities to re-enter the work force.

AND

What happens if my disability recurs and I can no longer continue working?

If your disability recurs within two years and you can't continue working, you can ask to have your benefits automatically restarted without having to go through the usual reapplication process. If your children are still eligible, their benefits will also be restarted.

If your disability recurs after you have been working for more than two years and up to five years, you may be eligible for a fast-track reapplication. This is a simpler and faster process than filing a new application. Contact Canada Pension Plan for more information and to request an application form.

I know Canada is still in the dark ages re: ME but somewhat more enlightened when it comes to disability. This insurance company obviously doesn't want to pay out if they can find a way because it's a lot of money. Going to the pub doesn't translate into being able to work a regular job or to being able to work at all. The press in the UK is once again showing their bias towards not only ME but those receiving disability benefits.
 

Hajnalka

Senior Member
Messages
910
Location
Germany
I want to know if the dog was allowed in the pub, or if he had to wait outside in the car.

From the surveillance pictures:
dog-in-a-pub1-e1429289358216.jpg
 

RogerBlack

Senior Member
Messages
902
Not a great article. I find it very strange -- this all or nothing position on disability in the UK. You have to be 100 percent disabled 100 percent of the time or you aren't disabled????

No.
For example, personal independance payment.
This is a government benefit, and requires you to be substantially affected in activities represented by several tests for more than 50% of days. (for example, can you walk 200m as often as you'd normally do without the illness).

The above is an insurance policy either provided by work, or taken out by the person, and the terms of the policy will be what matters, along with the interpretation of the court.
Fundamentally, the insurance company are using the surveillance as 'proof' that he was claiming to be sicker than he was, and have stopped paying.
Hence it goes through the courts as he argues that they are in breach of their contract.
 

A.B.

Senior Member
Messages
3,780
Why are insurance companies not using cardiopulmonary exercise testing? It must surely cost less than private investigators.

Is it because subjectivity of symptoms is in their interest?
 

RogerBlack

Senior Member
Messages
902
Why are insurance companies not using cardiopulmonary exercise testing? It must surely cost less than private investigators.

Is it because subjectivity of symptoms is in their interest?

I don't think you need to go nearly this deep.
It's simply the fraud side of the insurance company looking at claims from a 'can we justify not paying' perspective.

Insurance companies for obvious reasons want to pay out as little as possible.
 

TiredSam

The wise nematode hibernates
Messages
2,677
Location
Germany
“This account is in marked contrast to surveillance evidence taken only the previous day when Mr Miley was seen driving himself and his dog to and from the pub"

Surely this is evidence in favour of Mr Miley. I bet before he had ME he walked his dog to the pub, it's only ME sufferers who have to drive their dogs.

He says he had been advised to "Making use of his good periods by exercising as much as possible".

This evidence on the other hand may backfire if he's hoping to convince the judge that driving to the pub and quaffing for 5 hours counts as "exercising as much as possible".

EDIT: There's a woman at my self-help group who always brings her husband with her. She was asked, if she can drive there herself, why he has to come. Her reply was that although she can drive to the meeting, she'd be too exhausted and brain fogged to drive back so she needs him for that.

I wonder if Mr Miley took the dog with him in the car so the dog could drive him home?
 

Chrisb

Senior Member
Messages
1,051
I wonder if Mr Miley took the dog with him in the car so the dog could drive on the way home?

Perhaps its one of those funny new cars. You know the joke; it just takes one man and a dog to fly a modern airliner. The man is there to feed the dog. The dog is there to make sure the man doesn't touch anything.
 

Snowdrop

Rebel without a biscuit
Messages
2,933
This wasn't the only news site to pick up the news. The Evening Standard and the Times are also carrying the story.
http://www.standard.co.uk/news/uk/f...4million-from-insurance-company-a3491306.html

And exactly how does one 'fake' an illness that is not even real (in the eyes of medical establishment) in the first place.
How does one get a payout for cfs in the UK (or anywhere else for that matter)?

I don't suppose Charles Miley would like to assist the rest of us in getting ME acknowledged and research funded.
 

Dechi

Senior Member
Messages
1,454
Not a great article. I find it very strange -- this all or nothing position on disability in the UK. You have to be 100 percent disabled 100 percent of the time or you aren't disabled????

I am sad to say that we have the same kind of unrealistic definitions of disability in Canada.
 
Messages
10,157
Kina said: ↑
Not a great article. I find it very strange -- this all or nothing position on disability in the UK. You have to be 100 percent disabled 100 percent of the time or you aren't disabled????

I am sad to say that we have the same kind of unrealistic definitions of disability in Canada.

I don't believe it's as bad as in the UK -- I know quite a few Canadians who are receiving CPP benefits who are not 100 percent disabled 100 percent of the time -- the criteria for receiving CPP payments is that you can't sustain any kind of employment at any time. So you might be able to do stuff around the house or go to a pub and not get hauled in for cheating the system or lying.

Anyways, not about Canada, it's about some man in the UK being called a faker for going to the pub.