Supersession/adverse decision in response to an MR

Hello,

Would really welcome any thoughts on this.

We have a client who was claiming ESA and then called for reassessment in March. ESA50 completed (with no diagnosed mental health in the diagnosis section, but issues mentioned in the mental health questions).

He received a letter dated 23.3 putting him into the WRAG. Client is very agitated and came to us to get into the support group. We completed an MR on 19.4. Client later came in to say his money had stopped, but didn’t have paperwork. Client came in today with a letter dated 28.4 which has superseded the decision of 12.3.16 that he is fit for work related activity and has instead found him unfit for work. The decision on 12.3.16 appears to be that he failed to attend a WCA, but then they reinstated on regulation 29 (he had missed it due to a heart attack).

Had a long discussion today with DWP where they said this decision then disregarded any previous decisions, even though we had a valid decision notice and submitted an MR. This obviously means he won’t get any money until MR—> MRN etc. Client spoke to the jobcentre about UC and appeared to start the process but got frustrated and smashed up the computer in the jobcentre.

Client has a sick note mentioning paranoid, delusions, depression and anxiety (not sure when it was backdated to - forgot to take a copy) but very little other medical evidence (I suspect he has flown under the radar for many years - there has been a recent referral to psychiatry). HCP report says he maintained eye contact/was relaxed in the assessment. My experience does not agree with this - he is very erratic and aggressive.

I would be very grateful for how people think the client might get his money quickest (this is his focus). Can the decision dated 28.4 really just totally wipe the decision dated 23/3? I will obviously be challenging the decision of 28/4 if there is no other way through.

Thank you in advance.