I have a long term IB claimant who was found capable of work and is appealing that decision and is in receipt of reduced IS while awaiting the appeal.

He then received a fresh IB50 and on investigation it turns out, unknown to me, he made a new claim for IB based on a new medical condition, for which he is receiving NI credits only, but hence the new IB50. I don't think he understood the implications of sending in a new med cert with a different condition on it, he was just trying to get his IB restarted.

I'm not sure where to go with the second claim or even if there should be a second concurrent claim while an appeal is in process. The worst thing would be to win an appeal with his original claim (very likely) only to be found capable of work again at a fresh medical assessment.

The new IB50 needs to be returned by the end of September. We have no appeal date yet for the original claim. The original award is for mental health but I believe the second claim is on the basis of a physical problem which in my opinion will not be enough to pass the capability test.

If he fails to return the second IB50 and/or is found fit and then subsequently wins the appeal will his IB stop at the date he was found fit for the second time?

Should he withdraw the second claim for IB?

If he wins the first appeal then IB will be re-instated up to the date his new claim for IB was awarded. If he withdraws his new claim, on what basis would this be - the first claim will still only run up to the date of the second claim.

He should continue with the IB50 and new claim on all of his conditions not just the new one, so MH should still be included and deal with any assessment decision/apeal as usual

He's obviously made a successful new claim so should he still be on reduced rate IS?