Hi all

Can you advise me if this is correct?

My client did not attend her Tribunal due to the severity of her condition (CFS/ME) and despite my representation the decision (notified some days later) went against her.

I have requested a WSOR from the Tribunal Service and have notified the BDCthat my client intends to continue with her appeal and have received a letter stating she will no longer receive any payments pending her appeal to the Upper Tribunal.

Is this correct? Sorry to be so dense about this.

Should my client re-claim ESA with a new medical certificate confirming her condition is more severe?

All advice very much appreciated!

I am fairly sure the regs only allow payment of ESA pending the outcome of the first tier tribunal. This is different from the regs for IS while awaiting a IB/PCA appeal.

If it is now more than 6 months since her original ESA decision she can make a new claim with any sick note.
If not then yes she needs to get a sick note for a new condition or an existing one which is significantly worse.