ESA and LTAHAW appeal

Client was on ESA as single person.  DWP decided LTAHAW which has been appealed. Did have ex in house to help with her medical problems as well as her son. Arguing he was there as carer only. He has now left the house and she tried to get ESA on new circumstances but was told will get nothing as appeal outstanding.

Child too old to get IS as lone parent and child does not have DLA.

Looking for best way to secure some income quickly for her. Any suggestions?

Have they actually issued a decision on the new claim or is it just what she’s being told by the new claims line? If the latter she needs to insist on her right to apply (and for the DWP to issue a decision). If the latter, a further MR is needed.

You could also ask for the appeal to be expedited in view of the hardship client is experiencing..

I am still to see her again but message I got was that she was told this and no written decision on new claim. There is no issue about her Incapacity, so I would have thought the new claim should be fully considered with the new circumstances. Had the appeal been about her work capability that would be understood, but this is not the case.

Can’t see the appeal being heard all that quickly, but can try.

I agree. I think they’ve tried to put her off at the initial phone call stage….