Care Home Claim FAQ’s
How do I know if I have a claim?
Simply complete our questionnaire and return it to us our medical specialists and solicitors will assess if you have a claim. Most often if the patient is or was suffering from Alzheimers or Dementia, have been Sectioned under the Mental Health Act, suffered a stroke which has left them physically incapable of looking after themselves.
How much will it cost? What are your fees?
Cloud 9 Claims operates under a “no win, no fee” agreement. This means it won’t cost you anything if you don’t win the case. When we are successful, we charge 25% plus vat of the amount reclaimed for you. Cloud 9 Claims will also pay your legal fees.
Is it still possible to claim even if the patient has died?
What happens if a relative was taking into care without nursing being the primary need and then it became so, can we help?
Yes we can!
Can I act on behalf of a relative or friend?
How can I find out if I have a valid case?
In the first instance, please call us on 0800 093 0709 and we will assess your prospects.
What if the house has been sold to pay for care costs?
Sadly, this situation is all too common in cases of continuing care funding that has been wrongly denied. If we take your case on, we cannot get the patients’ house back, but we can try to recover the care costs that you have paid from the proceeds of the sale, plus back-dated interest, so that financially-speaking, you are no worse off than if you had not sold the house.
How do I check up on my case?
We have a support line and email where a member of our staff will let you know the current situation of your case at any time.
What if the patient lacks the capacity to make decisions or deal directly with Cloud 9 Claims?
As long as you are a relative or friend of the patient and are legally authorised to make decisions and give consent we or our solicitors will require proof of this in the form of a Lasting or Enduring Power of Attorney, a Proof of Court of Protection or Receivership.
How do I know I have the correct authority to act on behalf of someone?
Contact The Office of the Public Guardian – Archway Tower, 2 Junction Road, London N19 5SZ Phone Number: 0845 330 2900.
What if the patient in question is deceased?
Provided that we can still access the patient’s medical records and other necessary files, we can review the patient’s case and proceed with a claim if we consider the case to be valid. But time is of the essence, as after a patient’s death medical records will only be kept for a limited time before being destroyed. Also, we do not take on any case where a patient or their family has been aware for 6 or more years that they could apply to have their funding situation reviewed.
If we take on a deceased patient’s case, we will need to see the Grant of Probate or Letter of Administration document that entitles the claimant to administer the patient’s estate to enable us to start the claims process.
What if I have already approached my local PCT about my case for funding?
If your PCT has refused to review your case or has reviewed it and turned down your request for funding, Cloud 9 Claims will review your case straightaway. If you are still waiting for an answer from your PCT about your funding decision, you should wait to receive this before contacting us.
Is there a time limit on claims?
Yes. The longer you or a relative has been paying for care, the more urgent it is that you make a claim for funding if you think you may be eligible. The 6-year rule means a claim can only be made within six years of the date you were aware by the PCT that the patients’ funding case could be reviewed, By “aware”, we mean that there is proof that your PCT sent you a letter stating that your case is eligible for review – even if you did not receive the letter. If you never received such a letter and there is no proof that one was ever sent, the 6 year period begins from the time that you become aware that you can ask for a review – which may only now after seeing our advertisements or website!
Who will review my case for eligibility for funding?
Your case will be reviewed by at least one qualified expert who is experienced in continuing care and has a wealth of experience of the assessment and review process.
What costs are involved?
There is no cost to you or your family for using our services.
Cloud 9 Claims will not charge you for reviewing your case, liaising with the PCT or for any legal fees if your case goes to court. Cloud 9 Claims and/or our solicitors will fund all fees and third party costs (disbursements) until the case has been resolved. When the case is successful, our solicitors will deduct our fee from the amount reclaimed. There is no risk or expense to you in the unlikely event that your case does not succeed.
Can I make a claim myself without Cloud 9 Claims?
Yes. A patient or their family can try to pursue their funding claim privately, through their local PCT’s review process. But this can take years, to resolve and can be extremely stressful. Rather than put you and the patient through this ordeal, let us deal with your claim on your behalf.