Case studies & success stories

Reclaiming £200k in Care Fees

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We helped with

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.

"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

"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

"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

"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

"A sound investment! I had researched a number of firms offering assistance to help secure CHC funding for our Mum. I was very glad I chose Farley Dwek. Both my brother and I are retired solicitors and are able plough our way through regulatory material and legislation, However, neither of us had any experience in this area of law. I really appreciated Farley Dwek’s transparent and sensible advice. I would recommend doing the initial screening exercise with one of their nurses, we had the excellent Diane Jenkins for screening (and eventual support at the MDT)."

CHC client

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