Victory For Daughter Who Receives Over £20,000 In Repaid Care Home Fees

Posted on May 8, 2015

Pearson Solicitors have successfully claimed back over £20,000 in care home fees for an Oldham client recently.

We were instructed by our client Mrs Judith Lamb in her challenge against an NHS decision to withdraw payment for her mother’s accommodation at a Moorside Care Home.

Her mother, Elsie Shaw, suffered from dementia and could not communicate her needs verbally, needed two members of staff and a hoist to help with transfers, as well as other health and welfare needs.

Payment for her care at St George’s Care Centre, Moorside, Oldham, was provided from January 2009 by NHS Continuing Healthcare Funding, however she was reassessed in February 2013 as not being eligible and funding was stopped in May 2013.

Mrs Lamb, from Delph, Saddleworth, appealed and almost a year later funding mother was reinstated, but not backdated to cover the period May 2013 and February 2014. She appealed a second time and it was agreed nursing home fees of over £20,000 should be reimbursed to her daughter as sadly her mother had since died at the age of 94.

Speaking about the claim Mrs Lamb said: “When I instructed Pearson’s in this case it was because I was very unhappy about the way the NHS had arrived at the decision to rescind the Continuing Healthcare Funding which my mother was receiving. I sensed a grave injustice had been done and with the help of Pearson’s was able to finally see a fair and just outcome to the case.”

Commenting on the case, Partner, Mike Talbot, added: “Many families have to sell the family home if they are forced to place their loved ones in a care home to get the help they need for conditions such as Parkinson’s, Alzheimer’s or Dementia. They may be paying for something which should be funded by the NHS.

“In successful cases significant sums of money can be reimbursed to the relative or their family, even if their relative has since died and I would urge them to get in touch with us,” he said.

Continuing Healthcare is care provided by professionals over an extended period of time to meet the physical or mental health needs of a patient which could have been caused by disability, accident or illness and when care needs are likely to be complex. It is funded by the NHS and can be provided either in a care home or your own home.

If you need advice on how to make a claim for NHS Continuing Healthcare please call 0161 785 3500 or email michael.talbot@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

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