New ESA claim after failed appeal

I would be really grateful for some advice on this.  Im in disagreement with the DWP about when a client is able to do a new claim for ESA after a decision that he failed WCA.

My client failed a WCA in July 09 and appealed the decision.  He suffers from PTSD and has sustained injuries from a car accident which have affected his cognitive abilities, particularly memory.  As a result of his health problems and the fact he did not have a rep meant that he failed to attend his ESA appeal on 13th May this year, a decision was made in his absense which did not go in his favour. 

I met him for the first time on 1st July and assisted with a phone application for new ESA claim as my understanding was that the new claim rule that you could not claim within 6 months of decision on LCW started from the date of the original decision (July 09) and not from the date of the appeal.  However the DWP do not agree and they refused to award him ESA as they have taken the 6 months from the May appeal. 

I have appealed this decision and have also written a complaint in the hope we could get this resolved quickly, (there is absolutely no way that they would pay him JSA as he is clearly unable to work)  however the complaint response (very quick I might add)  states that I am wrong and the 6 months does start from the appeal hearing in May this year. They are using the new regs introduced on 28th June as justification.  Ive looked at these regulations though and my interpretation is that it states in an example they give on the regs that the 6 months is from the original decision.

Can anyone clarify what the rules are?