Case studies & success stories

Clinical Review Assessment Success Story

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Retrospective Review

This week’s success story concerns a patient who had been in receipt of CHC funding for some years, before this was unjustifiably withdrawn by the CCG.

We were contacted by the family after their local appeal to the CCG was unsuccessful.  We conducted our own Clinical Review Assessment  of the patient’s needs, and recommended immediate reassessment by the CCG, which was duly arranged.  The CCG found the patient not eligible for CHC funding, despite its own Nurse Assessor having assessed one ‘severe’ and five’ high’ levels of need!!  We appealed the CCG’s decision, making a robust written submission.  The appeal was upheld on the basis of our submissions, with the CCG finally accepting the patient’s current eligibility for CHC funding.

In addition, as a separate matter, the CCG’s initial decision to withdraw CHC was appealed to NHS England.  Upon receipt of the appeal, NHS England advised it could not consider the case, because the CCG had taken far too long to implement its decision to withdraw funding.  The CCG was instructed to undertake a retrospective review from the date funding actually ceased until the date of the next current assessment.

We await the outcome of the retrospective review but having conducted our own Records Review of the evidence for this separate period, and given the recent confirmation of funding from the date of the current assessment, we feel confident this will be successful with a little more determination.

My family and I cannot rate Farley Dwek Solicitors high enough for all their work in helping us with a successful appeal to grant my father CHC in his care home. As soon as I contacted them I felt listened to and supported and our solicitor Debbie was nothing short of incredible. Very knowledgeable in her field, always ready to offer insight and support and quick to respond to queries, we would have been lost without her! If you are looking for some advice and guidance on CHC’s look no further. Recommend without hesitation.

CHC client

Farley Dwek persevered in a very old and difficult case on my behalf and were successful through tenacity and a refusal to give up, along with an in depth knowledge of the subject matter.

CHC client

I am over the moon with the way in which Farley Dwek Solicitors have handled my late father’s claim. We were kept informed throughout the whole process and had frequent contact with our solicitor, Jonathan Dwek. His experience and empathy instilled great confidence and I am delighted with the outcome.

Craig Phillips

Thanks to Andrew’s guidance, we were able to articulate and feedback our reservations to the CHC and they ended up ruling in our favour. We therefore did not end up having to formally instruct Farley Dwek for representation but our impression was that they were an exemplary firm with judicious invested leadership and noble ethics.

CHC client

Without Farley Dwek’s support we wouldn’t have secured the funding. Soon after we presented our case with Farley Dwek we were informed by the NHS that my mother was entitled to the funding after all. It was a huge relief because the size of the care home fees can be a huge worry.

David Newton

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