OLD Style ESA - failed work capability - twice - and getting ESA reinstated whilst waiting for appeal

Hi,

client failed a work capability medical last year - requested mandatory reconsideration and decision was overturned and ESA paid. 1 year later, after another failed work capability we are trying to get ESA reinstated whilst waiting for appeal to he heard. but this has been refused as failed 2 medicals. but if the first decision was overturned at MR, then surely its only 1 failed medical?

any pointers here would be greatly appreciated

Yes, if she was successful in having the first WCA failure overturned, then this isn’t treated as a “repeat” failure and ESA pending appeal is payable.