Need help from an NHS Continuing Healthcare solicitor?

Need help from an NHS Continuing Healthcare solicitor?

NHS Continuing Healthcare solicitor in officeDo you need help with your case from an NHS Continuing Healthcare solicitor?

You’ll find heaps of useful information on our website to help you with NHS Continuing Healthcare.

At the same time, doing battle with a CCG over NHS Continuing Healthcare funding can be frustrating and exhausting – not to mention daunting at times. It’s understandable that you might need help from an NHS Continuing Healthcare solicitor – someone on your side to fight the battle for you.

Having a specialist to help you with your individual case can be invaluable – and can save you a huge amount of time and stress.

Be careful, though…

We’ve heard from families who’ve been charged an awful lot of money for an opinion on eligibility for NHS Continuing Healthcare, and yet it’s obvious from just a few minutes on the phone with the family that they don’t actually have a good case.

It’s not always easy to recommend someone in this field, and there are some companies out there who are quick to take your money without being realistic about your chances of securing funding.

Read the Continuing Healthcare eligibility criteria before you part with any  money

We’ve built up a good relationship with Farley Dwek Solicitors, and we really like their approach. They’re a specialist family firm, they understand the law inside out. They help families throughout England and Wales.

Andrew Farley, Director, Farley Dwek Solicitors

Andrew Farley, Director, Farley Dwek Solicitors

What’s more, you can speak to them on the phone initially free of charge, so that they can give you a view on your potential NHS Continuing Healthcare eligibility and prospects of success on appeal – without you having to spend any money at that point.

If it seems unlikely that you’ll be eligible for NHS Continuing Healthcare, they’ll tell you straight away. In addition, even if they don’t think they can help you with Continuing Healthcare, they can give you some general advice about care funding.

Andrew Farley, director at Farley Dwek, adds,

“This initial free conversation is of course just a first opinion, based on a short conversation we have with you. If it does look like there may be a chance of success for you with NHS Continuing Healthcare, we can outline the various ways we may be able to help further. Never pay anyone a lot of money without having at least discussed your case with them briefly first. It’s also a good idea to read through the Continuing Healthcare eligibility criteria yourself before you part with any money.”

As NHS Continuing Healthcare solicitors, Farley Dwek have a team of specialist nurses, who have worked on the ‘other side’ with CCGs and know what needs to be done to present a strong case. They can attend NHS Continuing Healthcare assessments with you, to support you – on your side – each step of the way.

So whether you’re at the start of the process for a relative, or you’re stuck in the appeals system or you’re making a retrospective care fees claim, Farley Dwek can help you.

And because they’re specialists, with many years of hands-on practical experience acting for families in this way – and in dealing with funding assessors and decision makers – they understand what’s needed during assessment meetings, to challenge mistakes and misinformation.

Depending on the circumstances of your case and the likelihood of success, they may also be able to offer you a no win no fee agreement. This is where they take all the financial risk to fight your case, and you pay them an agreed amount afterwards – but only if you’re successful.

In the first instance though, talk to them about your case – free of charge – to see if they can help you.

Should you also need help with wills, finances, trusts, powers of attorney or probate at any point, you’re welcome to talk to them about that too.

Find out more about Farley Dwek here.

16 Comments

  1. E J Foxall 22 hours ago

    Watch out for vexatious time scales. ’10 days or we will consider you do not wish to continue.’ Arrived Saturday, 2 days lost. Return post 2 days lost, solicitors to access archive and produce another certified copy of Preparation Of Attorney, write letter and post 4 days. Add another weekend 2 days. Just possible if everybody involved drops everything. I did not find this time scale anywhere in the guidelines. Another ‘let’s make it difficult for challenging the process’, which in itself was not carried out correctly in the first place. Why do I get annoyed, this is only the third time. I should be used to it by now. They will not wear me down. I’ll keep you all posted.

  2. Joyce Parkes 1 week ago

    My husband Richard has nitrofurantoin induced fibrosis of the lungs, has severe heart problems, he is badly brain damaged and suffers from severe bladder infections all from negligence at our local hospital. Richard needs constant care he is incontinent and has communication difficulties. I have been trying to get NHS Continuing Healthcare for over three years now. I feel angry that I have to pay for carers when it was the fault of the hospital the way he is.

  3. EJ Foxall 1 month ago

    I was in touch with you some 3 years ago and your advice helped me to win Continuing Healthcare. This award has continued until this current assessment. My wife is now toward the end of her journey, the ftd is now much worse and she requires continuinous supervision and nursing supervision. She is now bedridden 24/7 but the assessor decided that her funding should be withdrawn. She said that she would recommend Nursing Care only, an obvious cost saving. I seem to remember that there are precedents set in the past that indicated ftd is a genetic disorder and should be funded. Where can I find these precedents please. I am running out of thr ability fight them yet again.

  4. Lizzie 2 months ago

    I amazed at the amount of lying going on by the assessors. My father was admitted to hospital last april following a bad fall. Five weeks later he was granted NHS Continuing Healthcare (CHC) and moved to a care home. After the initial 12 weeks he was reassessed and the funding withdrawn. We are still battling with the CCG over this. When I read the Decision Support Tool (DST) I couldn’t believe the lies they told to reduce his scores. Dad is 87 is bedbound, doubly incontinent and can become aggressive when receiving personal care.
    He doesn’t know what’s going on and is unable to use a call bell or even shout out for help. The staff have been wonderful with him and between us we have managed his food and drink levels. He has a special mattress because of bedsores and he has to be checked every hour by staff. He is unable to understand simple instructions and has no coordination. There are problems giving him medication and sometimes I have to give it to him. he also has hallucinations and has had several TIA’s. He is on a DNR plan . He still has all the needs but they are being managed by the home and his family. The assessors even pointed out he hadn’t fallen since he’d been in the home , not mentioning he is bedbound and can no longer walk .After 6 months the CCG are now asking for more information to review the case. Every time I call they say the person I need to speak to is on holiday and so on. I have started to complain to anyone I can think of because their attitude is appalling. I am hoping they will review the case by the end of this month and then at least I will be able to log a formal appeal if necessary.

    • Jenine 5 days ago

      I agree ! Think about looking at the care plans. Our relative similarly bed bound had all their care plans completed by a registered nurse including washing and dressing since as they were only able to have bedbaths .It was written to say these were necessary to prevent skin infections. There is nothing social about a bed bath !! ..and 24 hour care including hourly through the night.The National Framework refers to healthcare as planned , supervised by a reg nurse in addition to care given by a reg nurse.The same doctrine applies, managed needs are still needs .Sounds to me if there are high needs in communication, mobility and nutrition and contrary to how Decision Support Tools (DSTs) are written you may need only one key factor , here intensity to be eligible. Also look at the local authority limits. If the amount of care the majority of the time relates to health needs then it will exceed the incidental limit. Have a look at the Coughlan case to see how the boundaries of eligibility are now set too high. And whatever you do don’t give up otherwise the more cases people give up leads to more and more coverups, inaccuracies and downright false accounts of needs provided on these DSTs. There is such a lack of accountablility you have to push very hard to succeed. We have found the more eligible your relative appears to be will result in cherrypicking of the care notes to try and prove the opposite.

    • Lizzie 4 days ago

      My dads case has been reviewed by the CCG at last. they didn’t tell me they were going to have the meeting and took 2 weeks to let me know the decision. Prior to the meeting they contacted dads care home to ask them to confirm the scores they gave him in July but relating to his condition now. They have later denied this. Be warned- most communications have been by phone. Get them to put everything in writing and you do the same. then there can be no doubt. The staff they spoke to at the home were not present at the original assessment in July and are not qualified to agree scores in the Decision Support Tool (DST). I am now in process of going to the independent review panel. in the meantime I have arranged to have an independent assessor to do a new assessment of dads condition using the DST. This I hope will set the basis for any further assessments and reviews. At least next time I know what I’m going in to. I was naïve this time thinking they would be looking after dads interests. What an eye opener!
      To all of you out there going through this please keep going and get as much info as you can from the professionals. I have been amazed in the last 4 weeks just how much info is out there and it has given me the confidence to carry on. I’ve got my mojo back so heaven help them!!!!!!

  5. E J Foxall 2 months ago

    My wife has ftd (picks disease) and I need to locate previous precidents where funding was approved. I understand NHS Continuing Healthcare Funding was paid on appeal for ftd on a number of occasions in the past.
    The GEM assessor had never met her before spent less than 2 minutes with her and deciding funding should be withdrawn .
    Sitting on her own she trawled the care home records and filled the Decision Support Tool (DST) form on her computer before the meeting started. She did not discuss the reasons for her decisions with the meeting merely informed us what she had decided and invited everyone to agree with her decisions.
    She informed me that I did not have any say in her decisions and the families could not be involved in the final assessment.
    To my knowledge she did not look at ALL the care home records available. The accident log and the records of submissions to the safeguarding board in 2018 were not viewed as far as I am aware because they were not in the files she had.
    These records demonstrate that the risks have increased not reduced as alleged.
    The meeting was a blatant attempt to reduce cost because the CCG has major financial problems.
    I look forward to any help and advice you can provide.
    My health issues include cardiac, diabetes 2, CCL, arthritis, dropped foot amongst other problems.
    Many thanks

  6. Kevin Robinson 2 months ago

    My mother received NHS Continuing Healthcare last July. However I have just realised that we are also receiving Attendance Allowance. I think she should not any longer receive that?

    I am also assuming that NHS Continuing Healthcare should not affect her state pension. Is this correct?

    • terry steedman 1 month ago

      I had the same issue, and I had to repay the Attendance Allowance from the time Continuing Healthcare started.

  7. Susan Bradshaw 2 months ago

    Thank you, I will follow your advice and contact our local CCG, I did speak to PALS yesterday but they were not very interested or helpful, and I also spoke to mum’s GP, who agreed with me entirely but could not help me with taking things further, he just said that the NHS is bursting at the seams, I am sure she should have been entitled to be helped with her condition on the NHS, I will let you know what happens, thanks for getting back to me, will be buying your book,
    Thanks again , kindest regards,
    Susie,

    • Rita Brookes 2 months ago

      Susan Go on YouTube and search for NHS Continuing Healthcare (CHC) funding Professor Clements, he explains the case law behind CHC funding – I think you will be surprised. Also CHC funding Perkins.
      They are eye openers
      Rita

      • Susan Bradshaw 1 month ago

        What I really need to know is why my mum had to pay for her surgery in the first place. The ongoing care is not a issue, as she now lives with me and I take care of all the ongoing after care. But I am cross that she had to pay for her surgery at all. To expect someone to wait two and a half years with a hernia the size of a coconut and a stoma bag that won’t work because of the hernia is unacceptable. We are not a third world country. My mum would have been into her eighties before they could do the operation, and I very much doubt they would have gone ahead by then. She has worked full time all her life and paid fully into the system. I am pretty disgusted , any advice welcome. Thanks in advance Susan

  8. Cath Myall 2 months ago

    Hello I have requested an NHS Continuing Healthcare (CHC) Checklist for my father-in-law (who is currently in hospital following a hip operation. I asked fit speak to the the discharge coordinator but informed she is on maternity and there is no cover. I rang the CHC team who said they would sort it and anyone on the ward can do it. However you say that anyone can do it as long as they are “TRAINED”. See below
    “This stage should be relatively straight forward and quick. It should not be a long drawn out assessment, and it can be completed by any health or social care professional who has been trained in it.”
    So my question is what training should I expect them to have???…I am fully prepared for a battle but and have a reasonable understanding of the system but not clear what constitutes “TRAINED”

    Many thank in anticipation

    Cath Myall
    PS i bought your book , it’s great and many thanks for the enlightening information!!

    • Author
      Angela Sherman 2 months ago

      Cath – thank you for your very kind feedback on the book. I’m so glad it’s helpful. Assessors and decision makers need to fully understand the NHS Continuing Healthcare process, the eligibility criteria and the legal context in which the assessments are being carried out – including the legal limit beyond which the NHS must – in law – pay for care: https://caretobedifferent.co.uk/nhs-continuing-healthcare-assessments-2/ Many families are given incorrect information by assessors, some assessors admit to never having read the Continuing Healthcare guidelines and some have never heard of the Coughlan case: https://caretobedifferent.co.uk/the-coughlan-case/ It’s a pretty shocking situation at times.

  9. Susan Bradshaw 2 months ago

    My mum has just had to pay privately to have a reversal from a bowel cancer colostomy operation and a hernia repaired which was behind the stoma, as there is a two and a half year waiting list here to get that operation done. She is 78 years old and could not wait another 2 1/2 years for this surgery as her hernia was the size of a coconut and was pushing her stoma bag off on a daily basis – so she could not leave the house. Can she claim her costs back from the surgery?

    • Author
      Angela Sherman 2 months ago

      Susan – if your mother needs ongoing care, then she should definitely be assessed for NHS Continuing Healthcare funding. You may also be able to claim back some care costs retrospectively. Regarding the cost of the actual operation, though, this may be a different scenario, and I would take that up in the first instance with your local CCG.

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