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ESA successful appeal vs second ESA claim made
Hi - any advice / thoughts greatly received:
Claimant failed WCA - made a mand recon.
At same time made a new claim for ESA with a new condition.
Mand recon decision remains same so claimant appealed.
New claim being paid at assessment rate and no WCA yet.
Appeal for first claim has been heard and was successful.
What happens to the new/second claim?
It should lapse. The effect of the appeal decision is that the cilent continued to be entitled to ESA throughout and thus there was no need to make a new claim. The only issue would be if outcome of the appeal was to place your client in the WRAG and new condition means that you think your client now qualifies for the support group in which case you should ask DWP to treat the new claim as a request for a supersession.
Thank you for reply; very helpful.
Had almost exactly this and it should indeed lapse. However, as is their way, they can get themselves into quite a tangle over it. Mine is currently at complaint level. Beginning to get somewhere but goodness it’s slow.