ESA MR & New ESA Claim running together

Scenario:

Client is in receipt of IB for reasons of Depression, Anxiety, Learning difficulties and Alcohol abuse.

September 2013 is sent an ESA50-This is completed (very badly) with the only descriptors being named as having problems with mobility and staying conscious.

Client fails at medical assessment, which is based only on the above descriptors – zero points.

Client then asks for a MR and “chooses” to claim JSA.

Is there any logic in continuing with the client’s ESA MR/Appeal, but also making a new claim for ESA based on the fact that the conditions he would be applying for are different to the ones that were stated on the latest ESA50 form, but would be the same reasons that he was in receipt of for IB.

In my experience the conditions assessed when considering the possibility of a deterioration/new condition, are the conditions on the med3 rather than any consideration of what descriptors apply so if it were me I’d stick with the appeal.

edit: unless, of course, you can provide evidence of a new condition or deterioration…

The only way the new claim would help is if there is a new condition or deterioration. If there was a pre-existing condition not mentioned to DWP, it should still form part of the original assessment and notifying them is a case of “I forgot to tell you, I’m providing this information late”. DWP will probably want evidence of when this new condition arose and if the GP states it arose before the ESA decision, I believe it should form part of the original assessment & appeal.

If there’s no evidence of an actual new condition or significant deterioration, I’d stick with the appeal to avoid muddying the waters as were a new determination made (superseding the first decision from a later date), if unsuccessful, would require its own appeal, lest the first appeal be successful and be blocked from going into ongoing payment by the existence of a new decision.

I agree with Edmund in so far as the pre existing conditions should be brought to the attention of the DWP but I would reason this out by way of an example of how the claimant can’t really manage his own affairs/deal with paperwork and forms due to depression/anxiety and therefore the ESA50 is not wholly reliable in this case.
The fact that there is pre existing evidence of his health problems should go a long way to support this.