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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA tribunal supercede later claim?

Cinimod
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Newham Housing First Worker

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Total Posts: 15

Joined: 5 October 2015

This is a question about whether a successful tribunal outcome for ESA can supersede a later claim for ESA.
My client made a claim for ESA in February 2019. Went all the way to Tribunal this week, where they were awarded 15 points and a recommendation not to be assessed again within 24 months. However, during the MR and Appeal process client made a second claim as condition had significantly worsened.  Attended a WCA 2 weeks ago and was awarded 0 points. We have submitted a MR and awaiting outcome of that. Does the Tribunal outcome affect current ESA claim? I am hoping it can be superseded . I have looked at different threads and found conflicting info, mainly about ESA to UC etc.

[ Edited: 11 Sep 2019 at 04:11 pm by Cinimod ]
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Joined: 27 February 2019

It won’t automatically supersede the later decision, but it should lead to DWP revising that decision. There is specific provision allowing DWP to revise decisions in such cases.

Cinimod
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Newham Housing First Worker

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Total Posts: 15

Joined: 5 October 2015

Great. Thanks for responding Charles.
It would be good practice to contact them and inform of tribunal outcome, though they’re probably aware.