Case studies & success stories

Successful CHC Appeal Story

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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This week’s success story concerns a patient who was in receipt of CHC funding for over a decade, only to have this withdrawn as they approached the end of their life.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 This resulted in funding being withdrawn at a time when the patient’s needs were unstable and increasing, only months before their death.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.

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

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

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

Fantastic service from all of the team at Farley Dwek. The case was a minefield to us but with FD’s expertise and compassion a very positive result. No hidden fees at all. Again our sincere thanks for all of your help and support. The result was what we had been hoping for. They clearly have a specific expertise in this area and I’m very glad that I sought their advice.

CHC client

If it wasn’t for Farley Dwek we would not have had the money paid back and as a family we’ll be eternally grateful for their knowledge, experience and professionalism in guiding us through the extremely complex world of care home fees and the NHS Continuing Healthcare Funding.

Geoffrey Matthews

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