Help please.....

30.03.2010 first decision not to award ESA. This is now the subject of an appeal to UT

Client made new client within 6 months of decision which was disallowed under 6 months rule. He's appealed this and the hearing is next week.

Because it's well over 6 months since first adverse decision he can make a new claim but I can't think what would happen if he did this and then -

a) he wins next week's appeal
b) loses it but then wins appeal which is currently at UT which would mean he would by now be getting one of the additional components