Case studies & success stories

Reclaiming £200k in Care Fees

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CHC funding

This week’s success story concerns a patient who was being charged an extortionate amount of money, to fund his own healthcare!

The family initially came to us for representation at a Multi-Disciplinary Team Meeting which was the first time the patient had been considered for CHC funding by the NHS. (See our Supported Assessment Service).

Despite having our Nurse Assessor in attendance, and despite the patient’s primary need clearly being for healthcare, the ICB still decided he did not meet the criteria for CHC funding.

We appealed the negative decision and obtained a full set of records from the nursing home. Upon review, it quickly became apparent that much of the information provided verbally to the MDT by the nursing home staff was patently incorrect. In fact, the patient’s needs were even greater than we – and the NHS – had been led to understand.

We drafted full Written Submissions in support of the appeal, and attended a Local Resolution Meeting with the family. Following this meeting, the NHS agreed the patient met the criteria for CHC funding at the point of DST completion.

Another fight then ensued when the NHS tried to avoid funding the patient’s 1:1 care cost – i.e., over 50% of the care package! A formal complaint was submitted and finally upheld, with the ICB agreeing to reimburse the full cost to the patient.

If your relative is receiving 1:1 care, this exceeds the lawful remit of the Local Authority (nature, intensity) and, in all but the most exceptional cases, means they are entitled to receive CHC funding. The patient is expecting to recover over £200,000 by way of reimbursement of wrongly charged care fees.

If your relative is in receipt of CHC funding and the NHS is refusing to fund the full cost of the care package, it is likely acting illegally.

As times get ever tougher, the NHS appear to be taking more drastic steps to avoid funding costly care packages. Don’t be fobbed off and always seek professional advice to maximise your chances of success.

"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

"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

"We would thoroughly recommend Farley Dwek as an organisation and Debbie Payton in particular. We feel that all that she has achieved on behalf of my father is worth every penny and we believe we could not have got this outcome without her. We cannot thank Debbie enough."

Rachel W

"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

"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

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Call 0161 272 5222 Email help@farleydwek.com

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