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This week’s success story concerns a patient who was in receipt of CHC funding for over a decade, only to have this withdrawn as they approached the end of their life.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 This resulted in funding being withdrawn at a time when the patient’s needs were unstable and increasing, only months before their death.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

"From first contact with the managing partner Andrew Farley and Ruth Pople, Senior Case Manager , Farley Dwek appeared to be a very well organised Law firm. The staff is very professional and takes all the time to explain sometimes complicated situations."

CHC client

"A sound investment! I had researched a number of firms offering assistance to help secure CHC funding for our Mum. I was very glad I chose Farley Dwek. Both my brother and I are retired solicitors and are able plough our way through regulatory material and legislation, However, neither of us had any experience in this area of law. I really appreciated Farley Dwek’s transparent and sensible advice. I would recommend doing the initial screening exercise with one of their nurses, we had the excellent Diane Jenkins for screening (and eventual support at the MDT)."

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

"We would thoroughly recommend Farley Dwek as an organisation and Debbie Payton in particular. We feel that all that she has achieved on behalf of my father is worth every penny and we believe we could not have got this outcome without her. We cannot thank Debbie enough."

Rachel W

"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

Get in touch with our team today

Call 0161 272 5222 Email help@farleydwek.com

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