A client has today won an PCA, IB credit/IS appeal, not on points, but on Howker (reg 27). Afterwards, they informed me that they've got an appointment for an ESA medical! Foolishly, I had assumed they were receiving reduced rate IS, but they had claimed ESA instead. Reinstatement of the IB/IS should make the claims link, so I reckon the ESA should be superceded. However, the medical is on Monday, so DWP will not have sorted out the old claim. Are there dangers inherent in them attending the medical? And dangers in them not doing so?
All advice gratefully received, regulatory overload has confused trees and wood.
Thanks.

I would also be interested to hear any thoughts on this, my client won an IB appeal on points scored (not reg.27) but had made an ESA claim while waiting for the appeal.He failed the ESA medical and started an appeal before the IB appeal was heard. We now have the papers for the ESA appeal. I would agree with the posting above,as the IB claim in effect never ended the award of ESA should be superceded but this doesn't seem to have happened - any observations gratefully recieved!

Does this help (I'm not saying it does mind)?

Reg 6 of the Social Security The Employment and Support regs. 2008 No. 794...

"The assessment phase – claimants appealing against a decision

6. Where the period for which the claimant is entitled to an employment and support allowance commences and the claimant has made and is pursuing an appeal against a decision which embodies a determination that that claimant does not have limited capability for work, the assessment phase in relation to that claimant ends when the appeal is determined by an appeal tribunal constituted under Chapter 1 of
Part 1 of the Social Security Act 1998(a)."

I have just spoken to a very helpful decsion maker at the ESA section about this situation.

As I understand it the situation is as follows; ESA and IB are two separate benefits so a retrospective award of IB as described above cannot automatically supersede decision about ESA even though they cannot both be paid at the same time and the ESA claim is to all intents and purposes invalid.

My client has been asked to withdraw his appeal as it is pointless, ESA could never be awarded while there is an IB claim in payment no matter what the medical evidence might have said.

I suppose the client who is due to go to the medical could withdraw his ESA claim on the grounds that it cannot be paid and thus avoid the medical but i would suggest a conversation with the DWP to confirm this might be in order first.