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Continuing Health Care - Preparing to fight PCT's decision

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  • Savvy_Sue
    Savvy_Sue Posts: 47,358 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    malid wrote: »
    Before you even think about going to a solictor as advised by Bakewell54, read this thread. I know it's long, but trust me, there is invaluable information here to help you proceed without costly solicitors.

    All the best
    Or even if you do decide to use a solicitor, at least know what you're after and why, and what information the solicitor will need. If you can provide a clear timeline and documentation, that will save the solicitor time and therefore your money.
    Signature removed for peace of mind
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    There was an advert in The Guardian yesterday from this company http://www.carehomeclaims.co.uk/
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    edited 3 April 2011 at 10:54PM
    Tallony wrote: »
    Don't know if anyone can help on this matter. Never posted before on this forum but anyhelp would be gratefuly received.

    My dear old Dad (71) is seriously ill with liver failure and is in a nursing home. He was assessed for CHC but was turned down last week as he doesn't meet the level required - quite how ill you have to be is completely beyond me. My Mum is currently facing an absolutely ridiculous bill from our county council. My parents paid a lot of money over the years into my Dad's state pension, so that when they retired they would have money to live on etc.... As the pension is in my Dad's name, it is deemed that is is his own money and that Mum is not entitled to a penny. It seems that if she were to divorce him she would be entitled however as they are still married she is not entitled. My Mum has a very small pension and cannot live on this. As a family we are really struggling as to what to do and where to turn. Mum is more than happy to pay for Dad's care, but not the amount that is being demanded.

    If anyone could help, or pass me to someone who could, I would be most grateful.

    Thanks,
    Tallony

    Sorry about not responding more quickly but I have been away.
    I am not sure what the position re the pension would be but will dig out some info if I can. Logic would say that if your mum relied on your dad's pension then her dependant status should be taken into account when assessing how much of his pension can be assessed for care home funding. But unfortunately logic does not always apply in relation to care home funding.

    In the meantime I would advise you look at the paying for care home fact sheet here www.counselandcare.org,uk plus they have a good free helpline or alternatively age uk should be able to advise.
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    Katykat wrote: »
    I have to report that my mum finally passed away last Monday. It wasn't in the way I wanted. I had formulated an End of Life plan with the home where she has been for nearly 4 yrs and I wanted her to stay there, not go to hospital. Unfortunately, circumstances dictated that she was admitted to hospital. I stayed with her for 6 days and nights, she was unconcious for the last 2. In wasn't pleasant, but I am now so relieved that her suffering is over. But for me the fight goes on. I will continue to fight for ( now) retrospective funding, I just so wish I didn't have to.

    So sorry to hear your news. I wish you luck with retrospective funding.
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    Message of Thanks for Monkeyspanner

    I just wanted to send my heart felt thanks to you for the help advice and expertise in CHC you offered during my Mums illness. As a result of this my Mums received CHC for over 2 years whilst in her own home. In fact she only left her beloved home 18 hours before she died in Marie Curies Hospice. I take strength from the knowledge that she is no longer suffering from the horrific lung cancer and dementia which blighted her twilight years.
    RIP Mum x

    Sorry to hear your news and thank you for your kind message.
    I have continued with this thread in memory of my MIL Gwen knowing that the NHS let her down when she needed their help most.
  • arunadasi
    arunadasi Posts: 1,241 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 12 April 2011 at 10:34AM
    Hello, new to this thread.
    My husband is in a nursing home; he probably has Progressive Nuclear Palsy though this has not been positiviley confirmed. The symptoms are loss of mobility -- mobility has declined over the years and earky this year he could no longer walk which is the moment he had to go into permanent care. However, he has since regained the use of his legs and can now walk slowly, if unsteadily. In the past there have been several falls, but these have ceased since there s always someone who helps him to walk. He is unable to use a walking frame.
    He cannot do anything on his own, needs to be dressed, washed etc.
    He also suffers from dementia (cannot communicate at all) and is double incontinent. He has tender skin and sleeps on an air bed to prevent bed sores.
    I'm not sure is his symptoms are severe enough for CHC but I would like to have him at least assessed. His GP seems not to have ever heard about CHC! So a specialist PSP nurse got in touch with him and he (the GP) has since reffered him to the district matron, who declined to do an assessment! The PSP murse then advised him to re-refer to the community matron. I'd like to get the assessment done as soon as possible -- do these people have the right to dsimply decline to do the assessment?
    Thanks for all advice.

    Edited to add: my husband is 67!
  • arunadasi
    arunadasi Posts: 1,241 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Bakewell54 wrote: »
    If you can avoid paying while you fight then do so. It looks like your dad has been means-tested. Maybe get help in the form of a solicitor with experience in the field as this is worth it I think. Be brave and document everything with dates and who said what.
    Good luck.

    Just wanted to say that I am in touch with Lisa Morgan of Hugh James solicitors -- she specialises in CH and recently won an award for her work in this area. The link is http://www.hughjames.com/people/lisa_morgan.aspx
  • dear all

    I wrote in a while ago and just wanted to send a bit of hope out. we appealed a decision to reject my mum's continuing healthcare and have just won on appeal. We are not going to be reassessed for at least six months.

    For anybody whose loved one has a dementia I would heartily recommend the volunteer support group for continuing healthcare available via the Alzheimer's society website, they have assisted us enormously.
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    edited 12 April 2011 at 8:36PM
    arunadasi wrote: »
    Hello, new to this thread.
    My husband is in a nursing home; he probably has Progressive Nuclear Palsy though this has not been positiviley confirmed. The symptoms are loss of mobility -- mobility has declined over the years and earky this year he could no longer walk which is the moment he had to go into permanent care. However, he has since regained the use of his legs and can now walk slowly, if unsteadily. In the past there have been several falls, but these have ceased since there s always someone who helps him to walk. He is unable to use a walking frame.
    He cannot do anything on his own, needs to be dressed, washed etc.
    He also suffers from dementia (cannot communicate at all) and is double incontinent. He has tender skin and sleeps on an air bed to prevent bed sores.
    I'm not sure is his symptoms are severe enough for CHC but I would like to have him at least assessed. His GP seems not to have ever heard about CHC! So a specialist PSP nurse got in touch with him and he (the GP) has since reffered him to the district matron, who declined to do an assessment! The PSP murse then advised him to re-refer to the community matron. I'd like to get the assessment done as soon as possible -- do these people have the right to dsimply decline to do the assessment?
    Thanks for all advice.

    Edited to add: my husband is 67!

    If you are in England you should talk directly to the Continuing healthcare team in the PCT in your area they are responsible for carrying out assessments. You may need to be assertive. If they will not carry out an assessment you can approach the SHA who can review the PCT's process. Failing that I would get Hugh James Solicitors to write to the PCT and ask for an explanation as to why they refuse to carry out an assessment. GPs and non-hospital nursing staff do not normally get involved in CHC assessments and are probably not aware of the process. If it is any help we took about 6 weeks to find the right people to talk to about an assessment.
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    dear all

    I wrote in a while ago and just wanted to send a bit of hope out. we appealed a decision to reject my mum's continuing healthcare and have just won on appeal. We are not going to be reassessed for at least six months.

    For anybody whose loved one has a dementia I would heartily recommend the volunteer support group for continuing healthcare available via the Alzheimer's society website, they have assisted us enormously.

    I am so pleased to hear your news.
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