How to choose a Continuing Healthcare advisor

How to choose a Continuing Healthcare advisor

How to choose a Continuing Healthcare advisorWhat to check when choosing a Continuing Healthcare solicitor or advisor

We’re often asked if we can recommend a solicitor or specialist adviser to help with Continuing Healthcare cases.

Although we don’t publish lists of solicitors or advisors for this purpose, we do have some tips for you about how to choose a Continuing Healthcare advisor – and the pitfalls to look out for.

Keep in mind, though, that you don’t necessarily need to use a solicitor or advisor at all; you can do a lot yourself, and this is especially true during the early stages of the Continuing Healthcare process.

That said, having a good specialist on your side can be invaluable at certain times during the Continuing Healthcare assessment and appeal process. It can save you a huge amount of time and also some of the stress, and it’s entirely understandable that you might want someone to fight the battle for you.

Solicitor or advisor – which is best in Continuing Healthcare?

In short, both can be equally good.

5 key things to check with whomever you choose – and regardless of their title:

  1. Are they are a specialist in Continuing Healthcare (not just someone with a general qualification in care fees or someone who knows just ‘a bit about’ care fees)?
  2. Do they have hands-on practical experience dealing with Continuing Healthcare assessors and decision makers?
  3. Are they are familiar with the kinds of obstacles that families face every day during the assessment and appeal process – and do they understand how to counter these?
  4. Do they understand the law surrounding care fees and NHS Continuing Healthcare, as well as knowing the national guidelines inside out?
  5. What have they published about Continuing Healthcare, and what does this say about their knowledge/potential expertise?

If you’re looking online to find a specialist, check out what kind of content they have on their website. Does it show they really know what they’re talking about? Is their website useful or purely promotional? It’s these kinds of things that help you get a feel for how effective they may be for you. Do they have a blog and does it show their practical experience in this field?

If you find someone who asks you for just a few details of your relative’s health needs and then says you have a good case for Continuing Healthcare funding, be cautious. It usually takes more that to be able to take a considered view of any given case.

If you’re using a claims company, ask whether their specialism is processing claims or pursuing Continuing Healthcare cases. There’s a big difference between the two. (It could also be both, of course.)

Given how difficult it can be to secure Continuing Healthcare, you need someone on your side who knows what they’re doing in this specific field – and can argue your case with conviction and counter the mistakes and maladministration that occur in so many instances.

Be aware also that you know your relative best, and even if you do have someone acting for you, you still need to be closely involved to make sure that all details about your relative’s health and care needs are properly considered and included.

You may also find that if your case is a particularly difficult one, it may be more difficult to find someone to take this on for you. However, this does not mean you couldn’t be successful pursuing it yourself, if you have the time and energy.

For more about Continuing Healthcare…

Is it worth appealing a Continuing Healthcare funding decision?

28 links about Continuing Healthcare to help you

 

4 Comments

  1. Heledd Wyn 11 months ago

    As with any purchase, shop around and Angela’s advice is really sensible. For those looking for solicitors, you may want to look at http://www.sfe.legal/ which has a list of solicitors and lists their specialities – this might be a helpful starting point – but nothing beats having a conversation and trusting your own judgement.

  2. Author
    Angela Sherman 11 months ago

    We’ve had several requests for our opinion on specific law firms and specific CHC advisors. We don’t publish opinions or recommendations relating to any specific law firms, companies or individual advisors. We can say, however, that if a company tells you you have a good case, and yet they have barely looked at the details relating to your case, be cautious. Families report that there are some companies who ask for money up front to take on your case, and yet they will not have properly ascertained that you do actually have a good case. It can take time to properly evaluate the strength of a person’s case, and so check carefully the basis on which you are being asked for the payment.

  3. Heledd Wyn 12 months ago

    As a solicitor who has challenged NHS CHC decisions – some successfully, some not – I know how hard it can be and it is especially so when time is not on side. However, it is always worth pushing for assessments/appeals – even if not successful now, it can be a useful snapshot for future assessments – as people with degenerative illnesses do not usually ‘get better’ – just their symptoms are more effectively managed and so don’t give up at the first hurdle.

  4. N Crofts 1 year ago

    An interesting development is the September 2016 report by AgeUK (http://bit.ly/2eaU9a3) ‘Behind the Headlines Stuck in the Middle’ showing how the system is stacked against self funders when you can’t get the NHS to pay.

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