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

 

Jessica Gilleran
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SERD / Southern Housing Group / London

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Joined: 3 January 2012

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

     
Elliot Kent
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Shelter

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Joined: 14 July 2014

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.