Case studies & success stories

John’s Story

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Retrospective Review

Farley Dwek Solicitors were approached by John’s* family for assistance with a retrospective claim for NHS Continuing Care Funding – seeking reimbursement of care fees paid wrongly paid by John for a short period at the end of his life. Two Fast Track referrals had been submitted in the months preceding his death, but both had been rejected out of hand by the NHS Integrated Care Board (ICB).

Following John’s death, the ICB agreed its process had been flawed and offered to conduct a retrospective review from the date of the first Fast Track referral to end of the John’s life. The initial outcome of this review was that John did NOT meet the eligibility criteria for NHS CHC Funding at any time. The family asked us for advice.

After a discussion with the family, it became apparent that John had never been assessed for CHC Funding prior to this short end-of-life period, despite living in a care home for over four years!

Farley Dwek conducted a review of John’s records, from the date of his admission to care to the date of his death, and recommended he met the criteria for full NHS Funding for at least some of this period.

Our CHC specialist team appealed the ICB’s decision of ineligibility for the end-of-life period and also requested retrospective review of the unassessed period of care. We drafted detailed Written Submissions in support of both claims.

At the Local Resolution Meeting for the latter period, the ICB overturned its decision for the last week of the John’s life, but nothing more. The appeal was placed on hold pending the retrospective outcome, which was eventually confirmed to be negative. We appealed this decision and attended another Local Resolution Meeting, but the outcome remained unchanged.

A request for Independent Review for both periods (end-of-life and the unassessed period of care) was subsequently lodged with NHS England and a date for the Independent Review Panel (IRP) was set.

Some weeks prior to the IRP, the ICB wrote to us to confirm that John DID meet the criteria for the last two years of his life. Quite the turnaround!

The anticipated restitution is expected to be a six-figure refund for John’s family.

"Without Farley Dwek's encouragement and perseverance, I don’t think that I would have proceeded with the claim, nor would it have resulted in such a successful outcome without their professional input at every stage. Their attention to detail, care and support throughout this process has been exemplary."

Ronald

"Honest, straight-talking, knowledgeable solicitors. I contacted Farley Dwek via their online ‘contact us’ form regarding my father’s eligibility for NHS continuing care. I knew they were experts in the field and I had already paid for and downloaded their excellent guide on the subject. Despite the fact that it became quickly obvious that there was no case for them in this instance, Ruth still gave me close to an hour of her time and was compassionate, extremely knowledgeable and also willing to give me an honest, off-the-cuff appraisal of our situation and chances of receiving funding."

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

"Fantastic service from all of the team at Farley Dwek. The case was a minefield to us but with FD’s expertise and compassion a very positive result. No hidden fees at all. Again our sincere thanks for all of your help and support. The result was what we had been hoping for. They clearly have a specific expertise in this area and I’m very glad that I sought their advice."

CHC client

"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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