New and old ESA claims

I have the following time-line.
9.8 2012 Decision that client had not provided good cause for not attending a medical . Decision appealed by us.

28.9. 2012 New ESA claim made on worsened condition. We think she was paid pending ESA50 and medical but she is not certain.

14.2.2013 New decision that client had failed to provide good cause for not attending medical.  Appealed by us.

May 2013 New ESA claim.  Not paid and waiting for medical.

30.8. 2012.  First appeal successful.  The decision is that “she can be treated as incapable of work until a formal assessment is made as to her capability” 

Does the tribunal decision just run up to 28.9. 2012?

Does it make the second claim invalid, and the first claim continues up to the date of failing to attend the second medical?

Does it make the second and third claims invalid, and continue until she has an actual medical?

Thanks for any comments.

Whilst it’s true that the 2nd claim would not have been necessary had the DM found that she had good cause for failing to attend the medical, it does not follow in my view that the 2nd claim is necessarily “invalid” once the tribunal find that she did, in fact, have good cause. 

If the DM did not accept that she’d significantly worsened when she made the 2nd claim then there would arguably be no outcome decision to revise.  That’s because the 2nd claim would have been kept open until she did attend a medical or, as it turned out, until she failed to attend another one.  The tribunal’s decision would ensure client received assessment rate ESA under the first claim from 9.8.12 all the way up until she failed to attend 2nd medical.  The 2nd claim would be shown to have been unnecessary which I suppose is the same as being invalid.

If DM did accept that she’d worsened then there would be an outcome decision re the 2nd claim.  That decision should be revised under Reg 3(5A) Decisions and Appeals Regs once the tribunal find she had good cause with same result as above, assessment rate from 9/8/12 - date of 2nd FTA.

The 3rd claim is not invalidated by any of the above and, presumably, is still not in payment because she has yet to attend a medical.  And that is so even though it is now, on 2.9.13, more than 6 months since she failed to attend the 2nd medical on 14.2.13.  I think she should arguably be paid on the 3rd claim from 15.8.13, ie the expiry of the 6 months.  There has been some discussion on this issue recently in a separate thread.  Basically, the DWP will aruge that they cannot pay ESA because the 3rd claim’s “date of claim” for the purposes of Reg 30(2)(b) ESA Regs is May 2013 and she failed to attend a medical within 6 months of that date (ie in Feb 2013).  The date of claim for these purposes is fixed under Reg 6(1F) Claims and Payments Regs.  However, since the above thread I’ve become aware of Reg 3(5D) D&A Regs.  It is implicit in that reg that a new decision awarding assessment rate ESA can be made from, in the above case, 15/8/13.  Such decision can then be revised under the said Reg 3(5D) for the period May 2013 - 14/8/13 should the client subsequently be found to have LCW when she eventually attends a medical (or by a future tribunal deciding she has LCW).

Thanks for that, Tom, it is really helpful.  Ruth