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10 reasons why you need a solicitor for a Continuing Healthcare application

by Ridley & Hall in James Urquhart-Burton, NHS Continuing Healthcare posted November 7, 2022.
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NHS Continuing Healthcare Funding (“CHC Funding”) is the name given to a package of care which is arranged and funded by the NHS for individuals who are assessed as having a Primary Health Need.

The CHC Funding application process is a complex one and there are several reasons why it might be appropriate to seek professional assistance or guidance. Here are some examples:

  • To ascertain whether you or your loved one is likely to be eligible, before you commit to embarking on what is usually a long and emotional journey.
  • To advise you how best to present your case.
  • To act as your advocate and present your case in the best way possible.
  • To identify, assess and present relevant evidence to support your application.
  • To advise or assist you with a dispute, such as an appeal against a decision of ineligibility.
  • To ensure opportunities are identified; for instance, there may be past periods of time during which care was wrongly paid for and for which a retrospective assessment of eligibility could be requested.
  • To hold assessors to account in respect of the applicable law and guidance.
  • To guide you in making key decisions which may have an impact on the outcome.
  • To advise you where legal action ought to be considered.
  • To take some of the pressure off you, and to ensure that your case is in safe hands.

The CHC Funding application and appeals process is not progressed through the courts – but rather through internal NHS processes. For this reason, it is not obligatory to employ the services of a solicitor, although you may wish to. There are other, non-legal organisations which offer services in relation to CHC Funding.

What are the benefits of instructing a Continuing Healthcare Funding solicitor?

Whether or not to engage a solicitor to help you is essentially a matter of personal choice, the benefits of instructing a solicitor to assist with your CHC Funding case largely stem from the skills they acquire through many years of training, which include:

  • Detailed knowledge and understanding of law and procedure
  • Problem solving
  • Verbal and written communication
  • Evidential analysis
  • Strong negotiation skills
  • Attention to detail
  • Dedication to a client’s cause
  • Strong ethical and moral compass
  • Strict regulation by a professional body
  • Professional indemnity insurance

What does it cost?

At Ridley & Hall Solicitors we make it our top priority to give you as much information about your solicitor’s costs as possible. Most CHC Funding clients at Ridley & Hall pay privately for the time their solicitor spends on their case, and we provide up front estimates in all cases.

If you are bringing a retrospective CHC Funding claim, we will undertake a detailed assessment of your case and we will always explore whether we can act for you on a No Win No Fee basis. Where we can act, we charge nothing if we are unsuccessful in recovering a refund of care home fees, but if we win your case, our charge is 25% of recoveries, plus VAT.

With the average nursing home fee in 2022 sitting at a cool £3,552 per month, the legal fees incurred in these cases are usually proportionate, based on the potential monthly savings if CHC Funding is awarded; though proportionality is something which we keep under regular review.

If you would like to have a free, no obligation discussion with our expert CHC Funding solicitor, James Urquhart-Burton, then you can do so via our free phone on 0800 860 62 65, our 24/7 live chat facility or our enquiry form on our website.

James Urquhart Burton

James Urquhart-Burton – Partner

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