re-claiming esa having failed at tribunal

Hi, my client believes his health has significantly deteriorated and would like to re-claim esa, having failed at an appeal hearing in november.  ESA section are refusing claim quoting 6 month rule, unless he can provide evidence of sinificant worsening of health.  But i thought the 6 month runs from the date of the original decision of failing the test, not the date of an appeal hearing R(IB) 8/04 as quoted by CPAG.  Does anyone know definitely which date the 6 months run from?

Thanks

thanks that’s great

Also where a claimant is not asserting a changed or worsened condition and re-claims within 6 months of the last failed WCA, why does the DM refuse to make a new WCA decision until the claimant sits a new medical?  That can mean the claimant goes without money for weeks/months.  An option is for the claimant to consent to the DM using the old ESA85 medical (ie the one he failed less than 6 months’ ago) as the basis of the new WCA.  The new WCA would then, of course, be adverse but the claimant could appeal it and be paid immediately.  Why send for a new medical when the claimant is not disputing that his condition is unchanged or that he has a new condition?

The situation is obviously different where the new claim is made within 6 months of a failure to attend a medical.  In that situation the DM is obviously justified in wanting an ESA85 medical as there is no recent one on which to base his new decision.