FND or FD? The £4.7 million pound question
Functional Neurological Disorder (FND) requires a sophisticated understanding that avoids mislabelling genuine conditions as fundamentally dishonest (FD), whilst simultaneously remaining alert to potential dishonesty. Due to FND’s diagnostic complexity, for which internal inconsistency or symptom variability are key characteristics with the capacity for positive clinical signs on examination to be consciously replicated, a dual strategy is essential. This involves assessing causation and managing claim value for genuine FND presentations alongside a meticulous approach which investigates and identify instances where exaggeration or malingering is present. The potential for feigning makes FND a significant area for developing precise fundamental dishonesty defences, but crucially, requires an in depth understanding of current and upcoming legal and clinical developments to apply these strategies accurately and appropriately.
Put into practice, we recently secured two discontinuances of suspected FD presented as FND:
- Case 1: Head injury/concussion with a cluster of symptoms including shooting pains and asthenia.
- Case 2: Orthopaedic injury with a cluster of symptoms including pain, tremors, muscle spasms, antalgic gait and motorised aids.
Both claimants alleged daily care, an inability to work with non-recovery 3 years down the line set against a complex history with functional overlay. Both claims were EL.
Investigations were front loaded at an early stage which included securing disclosure (employment and OH files, group WhatsApp messages, intel/social media) and witness evidence, which raised early credibility concerns warranting a dual strategy for both claims. A forensic defence strategy was deployed which explored the multi-faceted aspects of inconsistency in symptom presentation, causation and liability.
Following a robust denial which considered the interplay of these factors, both claims discontinued pre-litigation with the insurer submitting fraud savings of £4.7 million across both claims.
Both cases demonstrate that even with a diagnosis of FND or suspected FND, an early and thorough investigation can be enough to encourage a potentially dishonest claimant to discontinue a potentially fraudulent claim.
FND Defence Strategy: £10 million of savings for insurers in 2025
In the year 2025 we secured savings of £10 million for our clients illustrating our strength and depth via a combination of innovation, collaboration, bespoke tiered claims strategies and specialist FND input.
FND continues to pose challenges for insurers and elevated risk associated with identification, coverage and leakage. As it continues to evolve within the clinical world, reshaping insurers' traditional portfolio of claims, so has our legal approaches in both understanding and managing claims within the litigation warranting a reset in defence strategy. Current legal and market shifts further intensify this, posing sustained and elevated challenges.
As one of the world's largest insurance law firms, DWF leverage extensive global resources and expertise to address the complexities of FND claims. Central to our capability is a multidisciplinary FND team, uniquely compromising not only specialist lawyers but also data analysts and former clinical practitioners. This integrated structure blends legal strategy with data to deliver improved outcomes and measurable savings.
Please contact us below for a copy of our insights into 2025 which analyses the intelligence from our internal data and what this means for insurers as we head into 2026.
