ESA-Current claim or new claim? Which takes precedence?

Hi all,

Have filled out an appeal form for someone challenging the decision awarding 0 points for their medical assessment. This person has also filled a new claim while waiting for the decision on their mandatory reconsideration; this new claim has been turned down as ‘there is no evidence that the condition has deteriorated.’

After filling out the appeal with them, I found out that their medication has been increased and they have recently started another medication which I think could be used as evidence that the condition has worsened.

Can I challenge both decisions, i.e. still send in the appeal for the current claim and send in the mandatory reconsideration for the new claim? Or should one take precedence over the other?

Any info would be really helpful, thanks.

yes do both - neither takes precedence as such - if they both end up going to tribunal you can ask them to be heard together so avoid undue stress to your client.

If the second claim is successful then the appeal on the first one will be for a closed period up to the new claim

I see, thanks for that.