ESA - new claim after it was stopped

I have a client who was receiving ESA for approx 18 months. He was in the WRAG, and was called for a medical in November 2010. He scored 9 points and received a decision in February 2011 stating this and that his ESA was stopping. He appealled this decision and he continued to get the basic rate until April 2011 when he received a letter from the Tribunial Service stating his appeal was received out of time and was not being accepted.

His condition has remained the same (both physical and mental health issues). When can he reapply? I have searched for the answer to this but cannot seem to find it anywhere. Is it 6 months from the date he received the original decision? I.e. February 2011?

Thanks in advance!
D

Assuming he was informed of the decision in February, he would have had one month to appeal within the normal time limits. He couldnt appeal the decision until a decision maker had considered the assessment and made a decision based upon it. This would be the basis of my arguement about a “late” appeal. The Medical Services doctor doesnt make the decision, lets face it they push that arguement strongly enough at the outset, so it is the decision maker who does.

Obviously, since the assessment was in November, he could apply for ESA afresh, but i would be pressing to appeal that decision not make a fresh claim.

thanks! i don’t actually know where the 6 month issue has come from, it is something that has lodged itself in my head, but now i know better! :)

the letter from the tribunal service states that the legal representative made the decision that it was out of time and that there can be no appeal against that letter.

my client is a bit disorganised and is not sure herself when the appeal was sent but looking at the paperwork, if it was late, it was only a week or so.

how can we appeal a letter that states there can be no appeal?