NHS Continuing Care - solicitor suggestions 30 July 2021 at 11:06AM in Disability money matters 5 replies 381 views

Hoopie1

Good Afternoon and apologies if I have put this in the wrong forum.

My mum has been in a care home for a while. She has various conditions (MS, moderate to severe traumatic brain injury, doubly incontinent, suspected Alzheimer's, unable to walk) - I am asking the home to fill out the checklist.

However, from what I have read, the state tend to fight these applications tooth and nail.

Does anyone have any solicitors that they have used on matters such as this and they were happy with, or anyone that they have heard second hand is good? We would prefer not to use no win no fee but will consider all avenues.

Any input will be gratefully received.

fryedslyce

https://www.farleydwek.com/care-to-be-different-website/

They seem to have a good name.

MalMonroe

You don't have any proof that your Mum's application will be fought 'tooth and nail'. 

There is some information here about the full process - https://www.nhs.uk/conditions/social-care-and-support-guide/money-work-and-benefits/nhs-continuing-healthcare/

It seems from what you say that your Mum would be eligible for funding as, according to information in the above link, "If you have at least 1 priority need, or severe needs in at least 2 areas, you can usually expect to be eligible for NHS continuing healthcare." 

Don't give up before you have even started! I would wait to see what the outcome of the application is before taking action to find solicitors, etc.

Hoopie1

No, I don't have any proof, I didn't say that I did.

I am not giving up. I am attempting to put the strongest possible case initially and give it the absolute best chance.

BargainJunky

My neighbour used Beacon to support a CHC application.

elsien

Do you need a solicitor for the application? I’m wondering whether to save the big guns for an appeal if you need it?

FWIW you do need to show mum’s needs are more complex and unpredictable. Incontinence, mobility issues, suspected dementia don’t count as nursing needs in themselves, or they may qualify her for the nursing top up rather than full funding. It’s about the impact on her, not the diagnoses in themselves. 

Just to give an example, if mum is perfectly happy and compliant with continence care being given that will give her a lower score for that domain than someone who became very distressed, hits out, keeps taking the pads off. Someone can be doubly incontinent and still score low for that support need.

Any needs are also based on when the assessment takes place, not a couple of months ago or what help she may need in the future, and they rely a lot on care home recording which isn’t all it could be. 
So it’s important the care home are recording any issues where there are any. 

Read the guidance properly because the scoring is crucial.