Can you have two bites at the ESA cherry ???

Can you have two bites at the ESA cherry ???.......
Has anyone had any similar experiences re: the following unusual treatment of an ESA appeal by DWP…..
My client failed the WCA, and ESA was disallowed on 15-7-09.
Client appealed this decision, and was awarded ESA at the assessment rate pending her appeal.
The appeal was heard on 28-4-10, and was unsuccessful.
On 10-5-10 he DWP then made a determination that the client was no longer entitled to ESA at the assessment rate from 29-4-10, because her appeal had been unsuccessful.
The client requested a SOR, and this was issued by TS on 7-6-10.
The client then made an appeal against the ESA decision on a GL24, and enclosed further medical evidence. This was received by DWP on 15-7-10.  Now this is where it gets complicated…..
DWP decided to treat this as a late appeal, against the decision of 10-5-10 (that client was no longer entitled to ESA at the assessment rate from 29-4-10 because her appeal had been unsuccessful).  Someone at DWP has written on the GL24, “Late appeal accepted as per cap bulletin 03/C8”.  What does this mean ???
This appeal was heard on 27-4-11, and the Chair has adjourned it, for the “appellant to seek clarification re. decision to disallow payment of assessment rate in terms of reg 6 & reg 30”.  The Chair seems to have basically told the appellant that her appeal is against the tribunal decision of 28-4-10, and as such a Lower Tier Tribunal cannot hear it, and it should have gone to UT instead.
Who is right??? Can you get 2 bites at the ESA cherry??? Was the DWP right to treat the client’s appeal as a late appeal against the decision to end her assessment rate ESA, or is the Tribunal right, and this has been wrongly handled by DWP….....

The claimant was right to get the statement of reasons.  However she was wrong to send the appeal to the DWP.  The DWP has, without really checking the file, decided that this is an appeal against the ending of the assessment phase rate of ESA (which was the proper thing to do but which is doomed to failure by the way, on the facts known in the post).  If it had checked the file properly it would have found a copy of the statement of reasons. 

It then should have, to be on the safe side, also contacted the claimant to advise her that she might want to also appeal directly to TTS on a point of law.  That would have been good public administration and proper public service. (I know, I expect a lot.  I live on in hope!).

But, that was not done.  However all should not be lost.  The tribunal, while properly giving the claimant the opportunity to seek clarification of the ESA Regs should have advised the claimant on appeals on points of law to the upper tribunal and invited her to do so, as the time limit for bringing leave to appeal can now be extended under the tribunal procedure rules, and to seek advice.  This she should do immediately.