Case studies & success stories

Barbara’s Story

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We helped with

CHC funding

Mrs Barbara Brogden was admitted to a nursing home in Leeds 2004 and due to her capital and income the family were told she had to pay for her own nursing care. Despite changes to her health, which meant that the decision not to fund care should have been re-assessed, she continued to pay for her own care until she sadly died aged 79 in February 2009. After reading about families who had successfully recovered care home fees, Mrs Brogden’s son Paul instructed Farley Dwek Solicitors to review the case. He was shocked to discover she should have received funding for her care. This was because her care needs had changed but this fact wasn’t reflected in the funding decision by the local Primary Care Trust (PCT).

Leeds Primary Care Trust has now agreed that Mrs Brogdon’s care needs should have been funded after all. Farley Dwek is now seeking to recover around £45,000 in fees.

Mr Brogdon said:

“My mother was in a nursing home because she was very ill and required intensive nursing care. I was simply told that as she had savings and a house, she had to pay for her own nursing home fees. No other option was given. If we hadn’t seen an article about a person who managed to claim back her mother’s care fees we wouldn’t have known about NHS continuing care.

“Other families must come forward if they feel they have been unfairly charged and take legal action. The NHS will try and put you off and it can be a bureaucratic process but you must remember you are entitled to this refund because mistakes were made.”

Andrew Farley, director at Farley Dwek Solicitors, said:

“Like hundreds of other sons and daughters who have seen their parents struggle to meet the costs of care home fees in the latter stages of life, Mr Brogdon has had to battle hard for something to which his family is – and always have – been fully entitled too. It is unfair that hard-working families should have to pay for the mistakes made by the NHS and the Primary Care Trusts. The sad thing is there are hundreds of other families out there who are unaware that they should have received funding too.”

"Andrew had a high degree of expertise in this field and was able to offer practical advice on how best to prepare an evidenced based case. He was also able to identify areas where the framework had been incorrectly applied. With this expert knowledge and guidance, we were successful in our appeal and the original recommendation of the DST was overturned. Our mother was awarded full CHC funding, backdated with payments refunded. The best £300 we ever spent!"

Jane

"Through out my dealings with Farley Dwek I found them to be efficient and very helpful. But above all their honesty impressed me the most. Never have come across an organisation that would put ethics before profit. For this alone I would highly recommend them."

Tim

"I found this firm to be thorough, professional, knowledgeable, and available when needed. The outcome was exactly what we had been hoping for. I have no doubt that this firm played a significant role in achieving that."

CHC client

"Carla acted as our nurse advocate at a recent DST meeting. We had a two hour preliminary phone discussion a couple of days beforehand and Carla's professionalism and attention to detail was immediately apparent. Her assistance on the day was invaluable as her clear undertanding and cross referencing of the various records meant that she was able pick up on any discrepancies/omissions and ensure that proper consideration was given and that nothing was overlooked or misinterpreted by the assessor. We couldn't have gone though this process without such amazing support. Thank you."

Martin Wallbank

"We felt more confident going into the review process with Farley Dwek on our side. After they attended the assessment meeting with us we secured the funding and we continue to save on the astronomical care home fees that we might otherwise have had to pay."

Edward Battersby

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