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Two ESA claims running, one under appeal - yikes what happens next?
My client has been claiming ESA since October 2012. After two missed medicals (good cause accepted) she missed a third because she did not receive notification. Her ESA was stopped and she put in an appeal to argue that she has good cause for not attending. When I met her in September 2013 she’d not been paid ESA since May (‘correctly’ because of the failure to attend). I advised her to put in a new claim as her GP was willing to state that her condition had ‘significantly worsened’ and this has now been processed and is about to be put into payment (it was processed incorrectly at first but now agreed).
As she was not receiving any money she asked for an urgent appeal hearing, with GP support, and this has been agreed although she’s waiting for a date. I’ve sent in a submission.
So what happens next? If successful at the ‘good cause’ appeal she will have two claims running. Clearly we want the first claim to stand as she had already been on ESA for the assessment period. Help!
In my experience they would usually deal with the second claim clerically while the first claim remains the claim being dealt with on the computer.
It can be a royal PITA to deal with clerical claims but under the existing regime it’s a necessary evil.
Thanks for your reply. I don’t think my query was clear although you’re right that getting the second claim into payment was a pain but when I did follow it up got a very helpful response using DWP partnership number to talk to the team. A colleague has let me know that the second claim was simply cancelled when her customer won the ‘just cause’ appeal of the first claim. This seems a bit obvious now (when I think of DLA cases) but got a bit concerned as I think her medical will be held before the appeal.