Case studies & success stories

Reclaiming £30k in Care Fees

We helped with

Reclaiming Care Fees

This week’s success story concerns a family who had been wrongly charged for their mother’s care home fees.

Farley Dwek Solicitors were instructed to pursue a retrospective claim for NHS Continuing Healthcare Funding on behalf of the late ‘Mrs X’ (for anonymity) after her application for NHS-funded care was rejected by her local NHS Clinical Commissioning Group (CCG). Her family were dissatisfied with the CCG’s decision and so approached us for assistance. Farley Dwek obtained copy of the patient’s care home and medical records and carried out our Records Review. We found that the CCG’s assessors had failed to consider all the relevant evidence and had manifestly underscored Mrs X’s needs in some of the care domains. We appealed the CCG’s decision to refuse CHC funding to her Local Resolution Panel. However, at appeal, the CCG again held that Mrs X did not meet the eligibility criteria and so refused to award her CHC funding.

Our Team at Farley Dwek maintained that the CCG’s previous decisions were patently inaccurate and clinically unsound and that the Mrs X was eligible for full CHC funding during the period in question. Firm in our belief, we then appealed the matter to an Independent Review Panel (IRP) conducted by NHS England. Having lodged our detailed written Appeal Submissions in advance, we argued our case in front of the IRP.

The Panel agreed with us and found that the CCG’s decision to refuse CHC funding was ‘unsound’ and that Mrs X should have received CHC funding had she been correctly and robustly assessed at the outset by the CCG. In their outcome decision, the IRP recommended that Mrs X was entitled to retrospective reimbursement for wrongly charged care fees for the whole period under consideration. Mrs X’s family are expected to recover care fees in excess of £30,000.

We were so pleased to help this family achieve justice for their relative and secure CHC funding to which she was legally entitled.

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

I feel like the presence of Farley Dwek in the process was the key factor in our family securing the funding and saving £1,400 per week in care home fees for the BUPA hospital that we had chosen. To say we are pleased with Farley Dwek is an understatement. We’ve been absolutely delighted with everything the team has done and would recommend any family in the same circumstances speak directly to them to give them the best chance of getting the funding.

Mr Barrow

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

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

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

Get in touch with our team today

Call 0161 272 5222 Email help@farleydwek.com