Appealing ESA dissallowance

My client’s esa was refused on the basis that he failed to attend a medical. We appealed this decision, including medical evidence indirectly supporting his contention that he was ill on the day of the medical.

The DWP have said (verbally) we cannot appeal the decision but I can’t see this decision in the list of “unappealable” decisions in the regs.

I think we are entitled to a written decision and that the decision is appealable. Can any one confirm?

Thanks

Dan

Yes, you can appeal this decision, and ESA should be paid pending the appeal

i had a client in the same situation. she had to make a new claim for ESA.

however it was difficult to get a true answer, i had to come on this site and ask a few other colleagues as 2 members of staff at the DWP ESA section told me that she couldnt appeal or make a new claim. it’s a good job i didnt listen to them