What to claim pending 2 appeals

M y client failed WCA 17/05/2010 and appealled the decision. He was told at the Jobcentre to claim JSA pending his appeal, so he claimed JSA. He later swapped claims and claimed ESA instead of JSA. He completed another ESA 50, attended a medical and failed WCA. Date of decision 30/09/2010. Can he now appeal that decision and claim asessment rate ESA pending the appeal hearing?

When you say he swapped claims, did he make a new claim for ESA when he stopped claiming JSA?  He wouldn’t have needed to as a new fit note would have sufficed to re-start his ESA whilst waiting for his appeal.  However, I’m guessing he was told to make a new claim by the DWP.  That would explain why they sent him for a new medical and made a new decision dated 30/9/10.  Reg 147A(2) ESA Regs would normally preclude such a new determination in the absence of a new medical condition or worsening of condition ahead of the appeal.

If I’m right and he submitted a new ESA claim at the time, then he can appeal the 30/9/10 decision and claim ESA pending that appeal provided he submits fit notes

Your assumptions are correct. I have advised him to appeal the new decision and claim assessment rate ESA pending the appeal.  It just complicates matters with 2 ongoing appeals!
Thank you for your help.