Case studies & success stories

Mrs X’s Story

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We helped with

CHC funding

Our CHC team won a challenging battle after many years, successfully securing retrospective NHS Continuing Healthcare Funding (CHC) for the late Mrs X.

We argued that her local Clinical Commissioning Group had wrongly denied Mrs X CHC funding and forced her family to undertake a retrospective appeal to an Independent Review Panel (IRP) convened by NHS England.

Our request for an appeal to IRP was lodged at the end of June 2017.

However, because NHS England had found a number of issues with the way the CCG’s outsourced agents had completed their reviews, the CCGs were instructed to review their cases again before NHS England would arrange the IRP meeting.

Despite much chasing and delays by the CCG reviewing matters, an appeal date was eventually provided for October 2020. Our team filed detailed written submissions in support of the appeal.

However, just days prior to IRP taking place, the CCG conceded partial eligibility, accepting that Mrs X would have been eligible for NHS Continuing Healthcare funding for the initial 10 months period of care.

We remained dissatisfied with the CCG’s position, contending that Mrs X was eligible for the full retrospective period of care claimed ie another year’s worth of wrongly paid care fees beyond this initial period. Despite our invitation to save NHS England time and expense, the CCG refused to extend the eligibility period, and so the matter proceeded to the full IRP (which took place remotely due to COVID restrictions). Farley Dwek Solicitors represented Mrs X and were wholly successful in persuading the CCG to grant retrospective funding for this extended period as well.

Total restitution recovered for Mrs X’s family in excess of £60,000.

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

If it wasn’t for Farley Dwek we would not have had the money paid back and as a family we’ll be eternally grateful for their knowledge, experience and professionalism in guiding us through the extremely complex world of care home fees and the NHS Continuing Healthcare Funding.

Geoffrey Matthews

Absolutely brilliant from start to finish. Debbie Payton dealt with us and I cannot recommend her highly enough. Huge thank to all at Farley Dwek for dealing with such a delicate matter so promptly and professionally.

CHC client

From first contact with the managing partner Andrew Farley and Ruth Pople, Senior Case Manager , Farley Dwek appeared to be a very well organised Law firm. The staff is very professional and takes all the time to explain sometimes complicated situations.

CHC client

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

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