pending a new medical

my client was refused ESA for failing their WCA medical, this was appealed, they were suffering with TB. the client was then fortunate to find work before the appeal was heard. when the decision was finally made by the local BDC they found that the client was indeed limited in the capability to work pending a new assessment, however because the new decision was made after they had returned to work, they also state that a medical was no longer appropriate and as such have refused to award the extra component of ESA.

the knock on to this is that they also failed to qualify for the Disabled element of WTC

can this be right.