Can a client claim the assessment phase of ESA when he has two ESA appeals awaiting?

Hi

Back in June 2010, a client came to me who had failed a work capability assessment having scored 0 points.  However, he was past the deadline to appeal so we submitted a late appeal and made a new application.  The late appeal was accepted and we are awaiting a tribunal for this.  However, he then went for another work capability assessment.  Last week he visited me and said he had failed the second work capability assessment scoring nine points.

I know we can appeal against the second decision but will he be able to claim ESA assessment phase when he is waiting for his appeal?

Thanks

I have finally got through to someone at the department who could answer my query.  They have told me that my client can continue receiving ESA whilst he has two ESA appeals ongoing.  Really sorry ......................................... if anyone has spent a lot of time looking into this.