Tribunal refusal to re-instate ESA appeal on the basis client’s new claim has a better chance of succeeding

We have a case where a vulnerable client with learning disabilities withdrew an ESA appeal early in 2013 as there was no support in place. No hearing has taken place either by paper or orally.

Client ends up in hospital, social care alerted due to crisis with care and no income and new claim made for ESA, however as new claim within 6 months of previous disallowance, DWP are declining to pay until new WCA….......

Tribunal Service asked (nicely) to re-instate appeal due to exceptional vulnerability, decent letter from social worker sent with request but request refused as judge felt client’s new claim has a better chance of succeeding given health deterioration….....

We have challenged this assertion as judge notes in decision they haven’t seen any evidence to support our request (ie apparently ‘no social worker letter’.........a little odd given it attached to original faxed request?!)

However we still have vulnerable client with no money…...we have asked DWP to pay due to clients health and vulnerability but we appear to hitting the proverbial brick wall…..

All suggestions as to how we can move this forward much appreciated.

Is it a significant worsening of her health?  If so why is the DWP applying the six month rule?

Exactly…....yes there has been a significant deterioration, we are trying to push for an urgent decision but it doesn’t seem to be working…...

You may also wish to read this thread:

http://www.rightsnet.org.uk/forums/viewthread/4300/