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There have been two ESA decisions, do we need to appeal both of them?
Hi
My client was placed in the work-related activity group in September 2011, we appealed this decision to try and get her into the support group and are waiting for the appeal to take place.
However, last month she had another medical and was placed in the work-related activity group again. My client condition has not changed.
Do we need to appeal the second decision?
Hi, yes you do need to appeal the second decision, regardless of whether or not his condition has changed. The Tribunals Service will probably link the two appeals and hear them together- the down side of which is that the first appeal will be dealyed until the second is ready to list.
Thanks for your help.
Is this because if we only appealed the first decision (but not the second decision) and won, the award would only be backdated to the date of the second decision?
Yes that’s right.