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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA successful appeal vs second ESA claim made

efloyd
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Financial & social inclusion officer - Isos Housing, Newcastle

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Total Posts: 89

Joined: 16 June 2010

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?

paulmoorhouse
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Central and South Sussex CAB

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Joined: 25 January 2012

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.

efloyd
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Financial & social inclusion officer - Isos Housing, Newcastle

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Total Posts: 89

Joined: 16 June 2010

Thank you for reply; very helpful.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Total Posts: 3138

Joined: 17 June 2010

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.