What happens when you’re found ineligible for NHS Continuing Healthcare funding
Sometimes people may be found ineligible for NHS Continuing Healthcare funding and may not know what to do next. There are still options however. If a person is found ineligible for NHS Continuing Healthcare funding that does not mean that there is no right to challenge the decision outcome.
Appeals and complaints
If you think that the process was flawed, the healthcare needs were ‘downplayed’ or the eligibility criteria for NHS Continuing Healthcare funding has been applied incorrectly then you may lodge a complaint or an appeal depending on what stage of the process you are at.
The appeals process can take time, and some people have struggled with huge delays in their case. However, everyone does have the right to challenge the outcome. This can be in the form of complaints, local dispute resolutions, through an Independent Review Panel, the Parliamentary and Health Service Ombudsman and you can even seek leave for Judicial Review. It is advisable that a case is made as strong as possible as early as possible. Anecdotal evidence from clients shows that they often think they can navigate the NHS Continuing Healthcare funding system alone but then find it too complicated once they are in it. To potentially save money, you could invest in legal representation to attempt to make your case as strong as possible and to avoid the appeals process all together, if possible, and to try to avoid paying out whilst a resolution is reached.
There’s always next time
If your health deteriorates further, you can request to start the process again for NHS Continuing Healthcare funding by asking for the Checklist tool to be carried out. There is nothing to say that you can’t be assessed again if your health needs do change and/or deteriorate. It may be that you are deemed ineligible for NHS Continuing Healthcare right now but this could change in the future if your condition worsens.
How Just Caring Legal can help.
Just Caring Legal is a solicitors’ firm specialising in NHS Continuing Healthcare. We can guide people throughout the appeals process, help to ensure that the National Framework is applied correctly and prepare robust medio-legal arguments to help to strengthen your case.
If you think that you may have been wrongly found ineligible for full care funding through NHS Continuing Healthcare then contact Just Caring Legal today. You can speak with Rosalind Hughes about your case during a free initial consultation where Rosalind will be able to give you advice on how you can proceed.