Met client for first time today in the spanking new MIND building in Pontypool - if you're in the area, drop in and have a look ... stunning.

They had an ESA medical on March 18 2009 and the decision finding them fit for work (0 points) was issued on June 15th 2009 (3 months down the line). Appealed - continued to claim ESA. Appeal heard Sept 11th 2009 (3 months after decision, 6 months -ish, after medical) and scored 2x6 points on mental health descriptors. Made a new claim for ESA (same conditions on sick note as for previous claim) on Sept 29th (less than 6 months after June decision but more than 6 months after the medical) which was refused "because of the medical" (in March more than 6 months previously) not "the decision" (in June, less than 6 months previously).

Am seeking a late request for a statement of reasons of the September hearing.

But are there any other grounds for appeal of the Sept 29th claim (decision issued Oct 6th) other than by appealing the 6 month rule "because it took 3 months to issue a decision in the first place" (Medical on March 18th 2009, Decision issued June 15th 2009) ?

A decision has no legal force until notified to the claimant (Regina v Secretary of State for the Home Department and another ex parte Anufrijeva (2003) HL). The 6 months should run from the date of notification. Consequently, benefit can only be stopped at the date of the decision not the date of the medical if there is a gap between them.

On the second claim he must be sent for another medical. Benefit can then be paid either after 6 months from the decision in June or when he passes a medical, whichever comes first.