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Appeal rate / Reg30 issue?

 

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

Client failed WCA 2016. Didn’t appeal. Claimed JSA

Feb 2018 struggling badly with JSA and mental health : re-claimed ESA

ESA claim failed at 1st stage as DWP insist no deterioration in condition, so 2016 WCA stands.

Eventually got medical evidence stating there was significant deterioration, and posted to DWP

I think they will still refuse to allow new claim despite evidence, so we’ll have to appeal.

Will client get appeal rate? Does not allowing new claim constitute 2nd WCA failure?

Thanks