We helped Liam* claim a seven-figure lifetime value settlement after traumatic experiences in the military left him with PTSD.
What happened to Liam?
Liam joined the army to follow in the footsteps of other family members and completed multiple tours of Afghanistan during his service.
Throughout his service, he experienced issues with his mental health because of traumatic incidents on his first tour.
Some years after his time in Afghanistan, Liam had a breakdown. After his breakdown, Liam received support from Departments of Community Mental Health (DCMH). Before he left the military, he was also referred to the NHS mental health team.
He’d already submitted an Armed Forces Compensation Scheme (AFCS) claim for PTSD, which had been accepted as caused by his military service and award was given on an interim basis and to be reviewed two years later.
How did this impact Liam’s life?
After the traumatic events he saw in Afghanistan, Liam developed PTSD, as a result of which he found himself unable to work.
Liam had always wanted to be in the military, so the loss of his career was a major adjustment many unfortunately have to go through when they sustain an injury or illness in service. This compounded by suffering ongoing PTSD symptoms limiting and retracting Liam on a daily basis just added to the battle.
Liam found himself isolated from loved ones and demonstrated avoidance of daily activities, finding it hard to trust anyone or leave the house.
How did Irwin Mitchell help Liam?
Liam came to our AFCS solicitors after another firm rejected his claim. Christie Fitzgerald, a chartered legal executive in our military team, led Liam’s claim. We advised Liam through the interim period ahead of his review and kept regularly updated on his mental health treatment.
Christie and the team took time to obtain and review Liam’s records, as well as compiling witness statements. This allowed us to demonstrate Liam’s ongoing functional limitations and restrictions for a period in excess of five years, and made sure Liam received a Level 10 award from Veterans UK.
The final Level 10 award granted Liam a 30% guaranteed income payment. This proved essential for him, especially as his PTSD meant he was unable to work so it allowed him some financial security.
Our team continued to keep up to date with Liam and reviewed all of the updating evidence and gave legal advice as to how this evidence translated into the Scheme.
Helping Liam claim higher awards from Veterans UK
To reach the higher awards, we’d need to show that Liam had undergone appropriate clinical management of adequate duration and had reached a steady or stable state of maximum medical improvement, with no further improvement expected, as is defined within Article 5(7) of the Scheme.
In addition, we’d need to evidence that Liam sustained ‘severe’ functional limitations or restrictions as a result of his PTSD.
Christie and the team were able to gather the evidence needed for Veterans UK to reconsider the final award and increase Liam’s award to a Level 6 for a ‘permanent mental disorder causing severe functional limitation or restriction’.
With this increase, Liam received a six-figure lump sum payment and his GIP percentage increased to 75% of his military salary. This percentage of GIP was backdated and will now be paid monthly, tax-free, index-linked for life.
With Liam receiving a Level 6 award, we could apply lifetime factors and appropriate benefits to Liam’s claim. Liam was also able to apply for Armed Forces Independence Payment (AFIP).
This meant the total lifetime value of Liam’s compensation was a substantial seven-figure settlement. This is a life-changing settlement, providing him the financial security he needed now he was unable to work.
Expert opinion
On Liam’s claim, Christie said: “I’m happy we were able to avoid the added stress of a Tribunal for Liam. By understanding and using the evidence correctly, we were able to prove he met the requirements of a higher award.
“Although no amount of money will make up for the trauma he’s experienced, he’s now financially secure for the rest of his life.”
*Not real name used.
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