MIssed medical. New claim disallowed as registered appeal supersedes?

As stated in the thread title my client missed a medical, MR’d the good cause decision and submitted an SSCS1. I advised her to put in a new claim for ESA to expedite a new medical on the understanding that she would get paid again once the new medical had been completed.

I contacted the DWP to provide some additional information about the new claim but was told that it had been superseded by the appeal that was now registered with HMCTS. I spoke to a decision maker who was adamant that the decision was correct. I should add that the new claim is not being made on the basis of worsening circumstances.

Are they correct? (I ask this because I have another case in the same circumstances where the new claim is being allowed) If not,  to where in the DMG should I be pointing them?
And one more question - will there be another medical scheduled for the claim that is heading to appeal i.e. is that claim “live”?

Nick Vaughan - 04 December 2015 01:01 PM

As stated in the thread title my client missed a medical, MR’d the good cause decision and submitted an SSCS1. I advised her to put in a new claim for ESA to expedite a new medical on the understanding that she would get paid again once the new medical had been completed.

I contacted the DWP to provide some additional information about the new claim but was told that it had been superseded by the appeal that was now registered with HMCTS. I spoke to a decision maker who was adamant that the decision was correct. I should add that the new claim is not being made on the basis of worsening circumstances.

Are they correct? (I ask this because I have another case in the same circumstances where the new claim is being allowed) If not,  to where in the DMG should I be pointing them?
And one more question - will there be another medical scheduled for the claim that is heading to appeal i.e. is that claim “live”?

Your DM thinks that the appeal is against a WCA decision; once they realise it’s a good cause appeal they will launch the new period of LCW and refer to medical services for the assessment.

Thanks for that - and for putting up with my woeful spelling. I’m thinking of going down the JSA route and trying the extended period of sickness route. Client needs payment of some sort asap!

If you’ve got an SSCS1 in then banging on ESA’s door is likely to be quicker. THE ESA claim can be reinstated, JSA involves a new claim being determined.

Give them loads of medical evidence if you can.

I have a tenant in same position. Failed to attend medical and argued good cause. Lost so put in a appeal 2 weeks ago.

Will she:

1) get ESA appeal rate once appeal registered and then get called for a new medical before appeal, or will she

2)  continue on appeal rate until appeal determines whether good cause and if successful she will continue on assessment rate until she has new medical?

I think I have asked this before but can’t find the old post

Thanks

JoW - 10 December 2015 01:09 PM

I have a tenant in same position. Failed to attend medical and argued good cause. Lost so put in a appeal 2 weeks ago.

Will she:

1) get ESA appeal rate once appeal registered and then get called for a new medical before appeal, NO

or will she

2)  continue on appeal rate until appeal determines whether good cause and if successful she will continue on assessment rate until she has new medical? NO

I think I have asked this before but can’t find the old post

Thanks

The claim won’t be paid until a new WCA has been determined.

Apologies for CAPS I cannae do colour