Rapid reclaims confusion and MR

Hello everyone

Why do such horrors always raise their heads on a Friday afternoon.

I saw a client on 13/05/15 who advised that she had failed a WCA in Sept 14 and she had a decision letter dated 29/04/15 confirming this.  There was no mention of any other claims or decisions.  We requested a MR by telephone and subsequently appealed.

I telephoned ESA to find out when payment would be made and was told that the client had made a new claim on 14/01/15 and 22/04/15 both of which were refused as the client was claiming under the same conditions.  On further calls to DWP it became clear that the client received a decision on her September 14 failed WCA on 25/09/14 and didn’t request a MR. 

The MRN that we have received for our appeal which we thought was against a decision of 29/04/15 refusing ESA after a failed WCA is actually against the new claim she did on 22/04/15.  It states “that following a previous disallowance, you cannot be treated as having a LCW.  This is unless you can provide evidence that your condition has significantly worsened or that you have a new medical decision since the time of your previous claim (22/04/15)...”  It later states “I refer to the decision made following your previous WC assessment”.

My questions are:
At the appeal hearing will they consider her LCW from September 2014 as her condition has not changed even though she didn’t dispute it?  The decision dated 29/04/15 concerning the failed repeat claim uses the WCA of Sept 14.
If this is the first disallowance since 30/03/15 can they use the Sept 14 decision to apply the new Regs?  The supposed Jan 15 new claim is not mentioned in any of the papers, we were just told this over the phone.
If the appeal cannot look at the Sept 14 WCA, then would the appeal fail as she claimed under the same conditions?

Many thanks as always

Seems to me you’re going to need to request (late) MR of the Sept 2014 decision and appeal if decision isn’t revised. Then you can either ask for the current appeal to be linked or withdraw the current appeal. Client should be paid assessment phase rate of ESA whilst appeal (against the original WCA failure decision) is ongoing and if appeal succeeds the status quo is restored.

I can’t see any obvious way of the Tribunal being able to consider/reverse the Sept 14 decision otherwise.

Thank you.  Have put in the late MR and will request that both appeals are heard together.

Good luck Scooby, and you’re most welcome.