Case studies & success stories

Retrospective Review Success Story

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Retrospective Review

This week’s success story concerns a claim period dating back to 2012, which has taken almost a decade to resolve.

The patient was admitted to care in 2010 and passed away in late-2013. She was never considered for NHS Continuing Healthcare Funding (CHC) in her lifetime, despite her extensive mental and physical health needs.

Her family approached Farley Dwek Solicitors in 2014 and asked us to investigate a retrospective claim for CHC funding to recover costs incurred by the patient for her care. Owing to the deadline imposed by the Department of Health, the claim could only be made from 1st April 2012.

We obtained copy care and medical records and prepared a Detailed Medical Assessment. Our Nurse Assessor recommended eligibility for the full period, due to the nature, intensity and complexity of the patient’s needs.

A request for retrospective review was submitted to the then-CCG (Clinical Commissioning Group) in November 2015. As with many retrospective claims, progress was exceedingly slow as the case was passed from one third-party organisation to another. Three formal complaints were raised with the NHS due to protracted delay.

In December 2019, we finally received the CCG’s Decision Support Tool for comment, which we duly provided. Almost a year later, in November 2020, the CCG confirmed its decision that the patient was NOT eligible for CHC funding at any time during the enquiry period.

This decision was appealed, and we attended a Local Resolution Meeting with the family, acting as their advocates. At this meeting, it was identified that significant evidence had been omitted from the Decision Support Tool, which required further work. The third-party organisation dealing with the case on behalf of the CCG confirmed it would reconsider the case afresh. Over a year later, we received a letter from the CCG confirming the case had not, in fact, been reconsidered as there was no new evidence to present; the patient was NOT eligible for CHC funding.

Farley Dwek appealed the decision to NHS England, attending the Independent Review Panel with the family. Upon receipt of the casefile, it became apparent that the third-party organisation had identified substantial additional evidence at local review stage, had reassessed the case afresh and sent this to the CCG for reconsideration. A lone manager at the CCG (now renamed ‘ICB’) had decided this reconsideration was unnecessary.

The Independent Review Panel considered the evidence in the casefile, alongside verbal testimony from the family, and recommended eligibility for the full period. Almost a decade after the patient’s death, justice was finally served. The estimated recovery of care home fees wrongly paid plus back-dated interest is likely to be very substantial.

If you are battling with a retrospective claim, enduring delays, poor process and incorrect decisions, do not give up!

If a relative of yours is going into a care home or nursing home, I’d 100% recommend you to call Farley Dwek to see if you are eligible for NHS Continuing Healthcare Funding.

Peter Shaw

You don’t need any more worry about how to come up with the money at a time when you are trying to cope with the emotion and distress of trying to get the best care possible for loved ones. This needs sorting out and I’m glad Farley Dwek is on my side and helping through the process.

Brian Marshall

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

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

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

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