Benefits or not of using a solicitor for CHC application

[Selinacroft]

I live in a difficult area to get CHC. Have done the check list stage at least 3 separate times. First time dad got it for a few weeks until the full assessment was done. Once all the evidence was gathered a decision was made that he didn't qualify. Another time he passed from the checklist to the second stage and didn't get any further. The last time I tried he didn't even pass the checklist phase.
So the question is--has anyone found using a solicitor in this process useful?
I'm fairly efficient and familiar with beaurocracy , form filling, evidence gathering, report writing etc.
Does using a solicitor carry any weight? If they are working for the relative of the PWD, how do they gain access to medical history given data protection laws?

Would be very interested to hear from anyone who has gone down this route and what value you feel has been gained?

 

[Jessbow]

I live in a difficult area to get CHC. Have done the check list stage at least 3 separate times. First time dad got it for a few weeks until the full assessment was done. Once all the evidence was gathered a decision was made that he didn't qualify. Another time he passed from the checklist to the second stage and didn't get any further. The last time I tried he didn't even pass the checklist phase.
So the question is--has anyone found using a solicitor in this process useful?
I'm fairly efficient and familiar with beaurocracy , form filling, evidence gathering, report writing etc.
Does using a solicitor carry any weight? If they are working for the relative of the PWD, how do they gain access to medical history given data protection laws?

Would be very interested to hear from anyone who has gone down this route and what value you feel has been gained?

A solicitor would only be able to fill in answers that you provide. They wont know the answers

 

[nitram]

First time dad got it for a few weeks until the full assessment was done. Once all the evidence was gathered a decision was made that he didn't qualify.

Reviews are normally carried out after 3 months.
This looks more as if they changed the decision when they found new evidence that was not submitted at the DST.
Can they do this?

Does using a solicitor carry any weight?

A specialist solicitor may be very conversant with the legalisation and able to challenge their procedure.

If they are working for the relative of the PWD, how do they gain access to medical history given data protection laws?

By consent of the client or their H&W POA. Failing that an application to the court requesting access to enable them to represent the client.

 

[Selinacroft]

Thanks- to clarify when dad was first awarded CHC , it was awarded at teh checlist stage to get him out of hospital and then an 8 or 9 week wait to gather evidence for the full assessment which he then failed. Basically they waited long enough for him to improve enough so they did not have to award it ! Highly crafty.

 

[nitram]

Thanks- to clarify when dad was first awarded CHC , it was awarded at teh checlist stage to get him out of hospital and then an 8 or 9 week wait to gather evidence for the full assessment which he then failed. Basically they waited long enough for him to improve enough so they did not have to award it ! Highly crafty.

I'm surprised that CHC was awarded without an MDT/DST (excluding fast track)

https://chcfunding.files.wordpress.com/2014/03/national-framework-for-nhs-chc-flowchart.pdf

 

[Selinacroft]

This was a few years ago now, the goal posts drift a bit with CHC over time I think.

 

[Jessbow]

if he improved over a 8-9 week timeframe, he possibly wasn't entitled to it any more. Once awarded its not forever and is reviewed

 

[spbeagle]

Following a few weeks in hospital, my mother had re-enablement care in a care home and her care home fees were paid for by social services/CCG until the outcome of her full CHC assessment because they failed to comply with the hospital's discharge procedure and carry out the checklist assessment before she left hospital. Result of the full assessment was a recommendation that she was not eligible for CHC and they stopped the payment the day after the full assessment and before they had made a decision on it but at least she had her fees paid for a few months. If you decide to instruct a solicitor make sure you get one who has experience of CHC assessments. You can also get up to 90 minutes free advice from a social enterprise, Beacon CHC - just google their name and you'll get the contact details. They also have free written guides on CHC, including a guide to appeals.