Case studies & success stories

Successful CHC Appeal Story

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We helped with

CHC Appeal

This week’s success story concerns a patient who was in receipt of CHC funding for over a decade, only to have this withdrawn as they approached the end of their life.

The patient’s care had been funded by the NHS for many years, owing to their complex behavioural and psychological needs. As their health deteriorated, their physical needs began to predominate, leading to a decision by the NHS to reassess their eligibility for CHC funding, concluding they no longer met the criteria.

The review which recommended reassessment, was done over the telephone, as was the subsequent full assessment. None of the Assessors had ever met the patient or reviewed a sufficient quantity of evidence to glean an accurate picture of their needs. This resulted in funding being withdrawn at a time when the patient’s needs were unstable and increasing, only months before their death.

Farley Dwek were instructed to appeal the decision to withdraw funding and prepared full Written Submissions, clearly demonstrating the patient’s needs had changed but not reduced. Following Local Resolution, the NHS accepted it had made the wrong decisions and all fees incurred by the patient were reimbursed.

Remember: To justify a full reassessment of eligibility and sanction withdrawal of an existing package of CHC funding, the NHS must demonstrate that needs have been permanently reduced or eliminated. A change in need does not necessarily equate to a reduction in need.

Thanks to Andrew’s guidance, we were able to articulate and feedback our reservations to the CHC and they ended up ruling in our favour. We therefore did not end up having to formally instruct Farley Dwek for representation but our impression was that they were an exemplary firm with judicious invested leadership and noble ethics.

CHC client

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

We felt more confident going into the review process with Farley Dwek on our side. After they attended the assessment meeting with us we secured the funding and we continue to save on the astronomical care home fees that we might otherwise have had to pay.

Edward Battersby

First Class Service. Kept us informed throughout, highly professional and I would not hesitate to use Farley Dwek in the future. Great service thank you.

CHC client

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