ESA appeal to Upper Tribunal

I wanted to check what the current position is on what to claim while appealing to the Upper Tribunal (or the good old Social Security Commissioners as we still have here!)

Client has recently lost ESA appeal and is in the process of requesting statement of reasons. GP still saying he shouldn’t be working as his his mental health specialist. As far as I know, the current position is that he will not continue to get ESA at assessment phase rate while appealing to the Commissioner and so will need to a make a new claim. Will either a claim to ESA or JSA impact upon any decision made by a remitted tribunal if he’s successful in his ESA appeal to the Commissioner.

Cheers for any help.

Lee