Case studies & success stories

Retrospective Funding Success Story

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We helped with

Retrospective Review

Farley Dwek Solicitors acted on behalf of the late ’Mrs X’ and were instructed to request that her Clinical Commissioning Group (CCG) undertake a retrospective review of her healthcare needs. We were concerned that either no assessments had been undertaken, or that any assessments that were carried out failed to fully address Mrs X’s health and nursing needs. Mrs X’s needs were a combination of complex mental and physical health, which could only be managed effectively by skilled intervention over a sustained 24 hour period. She needed nurses to assess, plan, implement and monitor a package of sustained care to meet her needs and to review her care as her mental and physical health deteriorated. Based on the evidence collated, we believed that Mrs X met the criteria for NHS Continuing Healthcare funding and should have been assessed for, and awarded, NHS Continuing Healthcare funding when she first went into care.

We presented the claim to the CCG in September 2015. The CCG carried out enquiries and completed their Decision Support Tool which did not recommend that Mrs X was eligible for NHS Continuing Healthcare funding.

An appeal was lodged to a Local Resolution Panel (conducted by the same CCG) which again found that Mrs X was not eligible for NHS Continuing Healthcare funding.

A final appeal was then lodged with NHS England. In late 2020, an Independent Review Panel determined that the CCG’s decision to refuse retrospective funding was ‘unsound’ on numerous counts and it had acted in contravention of the established principles set out in the National Framework for NHS Continuing Healthcare. The IRP recommended that Mrs X be awarded reimbursement of more than 2 years’ care home fees.

Mrs X’s family are expected to recover over £25,000.

"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

"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

"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

"I cannot recommend FARLEY DWEK enough should you find yourself in this unfortunate situation. They ring you when they say they will, they write to you with updates and keep you informed all the way. I'd like to especially thank Ruth Pople and Jonathan Dwek who I regularly spoke to during the process."

Chris Gregg

"My sister and I have received absolutely first class professional support, guidance and advice throughout an extended period of time, seeking CHC on behalf of our mother. Every member of the team, with whom we had various communications with, were professional, courteous, and clear. The process is a challenging one and without their guidance, support and expert knowledge we would not have achieved the successful outcome that we did. We cannot recommend them enough."

CHC client

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