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

New claim whilst appealing

MikeMay
forum member

Advice Session Superviser, Citizens Advice North Yorkshire

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Total Posts: 28

Joined: 17 December 2014

I have a client, with whom I am attending a hearing next week who has said she has to attend another medical. When I asked the department about this they informed that the client completed and returned a new ESA50 based on a new condition. When I asked the client (pronounced mental health issues) about this she told me that she was only doing what the department told her to do. My concern is now that, regardless of the outcome of the hearing she will be found fit at WCA again and therefore won’t be paid for the second appeal. Question is can I avoid this by withdrawing the appeal at this late stage or de-claim the new award?