CHC: Finally after 18 months of legal quibbling...

[Palerider]

Well I have received a settlement offer with compensatory interest which covers just over 2/3's of the legal costs, so on balance despite the stress and sheer frustration it seems to have been worth challenging the original decision and using a firm that specializes in CHC funding cases.

 

[luggy]

Hi @Dave63 and @Palerider. I've been following both of your appeal journeys with interest and trepidation. I've been battling with the ICB who have been dealing with mum's CHC (or lack of) for over 2 years. Their handling of it has been a catalogue of mistakes, incompetence and downright dishonesty from the start. None of the horrors which @Dave63 is currently experiencing surprises me in the least.

For me, whilst all of this has been going on, my dad became very ill, was in hospital for 8 weeks before being admitted to the same care home as mum. Of course, yet another CHC debacle ensued for dad but after only 7 weeks in the care home, he passed away so it was not worth pursuing a CHC appeal.

Having to fight our relatives corner for CHC is an extremely stressful experience for anyone to deal with, but what sometimes gets overlooked is all of the other 'stuff' we are having to cope with at the same time. The latest low ball to be thrown in my direction came 2 days ago when mum's care home announced that it's closing down, and we have been given notice to move her.

I have the Local Resolution Meeting for mum next Tuesday (I have legal representation). Like @Palerider, I'm not naturally inclined to be assertive, but it's a characteristic I've had to fine tune in recent times, along with tenacity and resilience. However, I'm not expecting a positive outcome at this first stage.

Thank you both for posting your experiences on this forum. You have been a wealth of knowledge and have kept me going. @Dave63 the finishing line is in sight and you will get there.

 

[Palerider]

Hi @Dave63 and @Palerider. I've been following both of your appeal journeys with interest and trepidation. I've been battling with the ICB who have been dealing with mum's CHC (or lack of) for over 2 years. Their handling of it has been a catalogue of mistakes, incompetence and downright dishonesty from the start. None of the horrors which @Dave63 is currently experiencing surprises me in the least.

For me, whilst all of this has been going on, my dad became very ill, was in hospital for 8 weeks before being admitted to the same care home as mum. Of course, yet another CHC debacle ensued for dad but after only 7 weeks in the care home, he passed away so it was not worth pursuing a CHC appeal.

Having to fight our relatives corner for CHC is an extremely stressful experience for anyone to deal with, but what sometimes gets overlooked is all of the other 'stuff' we are having to cope with at the same time. The latest low ball to be thrown in my direction came 2 days ago when mum's care home announced that it's closing down, and we have been given notice to move her.

I have the Local Resolution Meeting for mum next Tuesday (I have legal representation). Like @Palerider, I'm not naturally inclined to be assertive, but it's a characteristic I've had to fine tune in recent times, along with tenacity and resilience. However, I'm not expecting a positive outcome at this first stage.

Thank you both for posting your experiences on this forum. You have been a wealth of knowledge and have kept me going. @Dave63 the finishing line is in sight and you will get there.

I'm sorry to hear about your mum having to move -that is not what your mum needs if she is settled and content where she is.

Yes most definitely an element of dishonesty in my experience and a real lack of transparency. Watch out in the Local Resolution Meeting (LRM) my experience was the panel had already made their minds up before the meeting began -it seemed as if they were disinterested and poked at things that were not really relevant and the summary produced post LRM was a dire response and explanation as to why they felt there was not a primary health need. So be sure to challenge things and that means being prepared before you go into that meeting -your right to have legal representation -a wise use of your resources.

I would still press for your dad as they should have recognised he had a primary health need if he was EOL and fast tracked him.

Yes carers of PWD already have a lot on their plate not to mention the emotional rollercoaster many experience. Having to fight for eligibility when the facts speak for themselves is a consequential injustice of how the system works -which is against PWD.

Good luck for next week 🤞

 

[Palerider]

Well the reimbursement cheque arrived today and I was keen to get it banked in fear of losing it, so mums finances are back in a reasonable state of health. The cashier was quick to comment when she saw it was a HM government cheque and said its unusual to get any payment back from these guys, so I told her it was my mums care fee reimbursement after having to fight for it. Funnily enough she told me she was in the same boat a decade ago with her mother who was in a CH for a year before she passed and was refused CHC funding even at the end of her life. It seems this saga is closer to home than we realise. The cashier remembered my mum which got me a bit emotional as this was mums branch for many years.

 

[Dave63]

So glad the battle is finally over for you @Palerider, although I'm sure it probably feels like a double edged sword after having to fight so hard for it.

We had the calculation sent through last week and whilst the reimbursement amount was correct they got the interest amount wrong (in their favour obviously). It looked like they had just applied the base rate to the reimbursement amount and calculated a figure which was five times less than it should be. I've disputed it and referred them to the Redress Guidance which states they have to use the average RPI for the period and it should be compound interest, not simple interest. As RPI has been through the roof for the past couple of years it means the interest should equal around five months care fees! Should have the new calculation today or tomorrow.

If your curious as to how the interest should be calculated the below has a useful article.

Retrospective Review Claims - Everything You Need To Know

If you have made a retrospective claim against your local Clinical and ‘won’ – ie you have been found eligible for NHS CHC...

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