new esa aclaim appeals were previous decision recent and not appealed

I have a service user who had a decision refusing his ESA claim. for whatever reason, he did not ask for an M/R but instead made a new claim. [within the month for requesting an m/r.] His new claim was refused. that one went through the M/R to appeal procedure which is why I have it.  The papers however show that he asked for his new claim to be backdated to the day of the earlier decision.

My question is this, is there a decision out there that supports a submission that such a new claim should be treated as a M/r of the earlier decision? Any help would be appreciated.

Lee

I’m not aware of any caselaw for that but you could do a late MR of the original refusal (assuming within last 13 months?) and explain reason for lateness was that didn’t understand and did new claim instead - and if they refuse late MR you can go to appeal - https://www.rightsnet.org.uk/welfare-rights/caselaw/item/provided-a-mandatory-reconsideration-request-is-made-within-13-months-of-de