Fresh Claim to ESA due to deterioration whist waiting for appeal

Has anyone else had this problem?

Client on ESA- failed WCA and lodged appeal, so requailied for ESA pending appeal (which is still outstanding).

She has a mixture of mental and physical health problems and her mental health has deteriorated quite badly recently, resulting in a hospital admission for psychosis. At date of decision for the ESA appeal her mental health was not as bad as this, so advised her to make fresh claim tro protect her position, as obviously the ESA appeal when it is heard will not take into account this deterioration.

She has tried to make the claim twice now but has been fobbed off on each occasion - told she does not need a fresh claim as already on ESA (!) and then also told did not need fresh claim as awaiting appeal.

Thanks!

I think I can now answer my own question - though would appreciate if others think this is correct. Reading the new guidance issued on ESA pending appeals (see news item) it appears that a deterioration pending an appeal should lead to a new WCA. So this would suggest that the client needs to contact the BDC rather than the claims line, which may account for why she was told that no new claim was needed. However the claims line never told her to report the deterioration to the BDC anyway.