DWP dragging their heels? 

Another title to this query was suggested by a colleague but I didn’t think it would get through censorship.
Any advice on the following scenario would be much appreciated.
Client failed WCA in April 2012, appealed, appeal unsuccessful at FTT in Nov 12. Setaside granted at UT, successful at rehearing June 13 with recomendation not reassessed for 2 years from date of hearing. With me so far? Good.
Client reclaimed ESA in Jan 13, following DWP implementing decision of FTT in Nov 12. Predictably client failed next WCA and lodged an appeal in May 2013.
When decision of rehearing known, I sent copy of decision notice and a covering letter requesting that the outstanding appeal be looked at in light of the outcome of the earlier decision and the judge’s comments on the claimant’s mental health.
I have phoned several times to ESA as nothing appears to be happening re this. The latest is that it is still with a DM. Possible upside of this is that no appeal papers have been received, either by the client or ourselves.
Is there anything I can do to help this along? Or should I just leave it and see what happens?

I would make a complaint to the complaints resolution team….usually works.

It might not in this case; the new claim decision and more to the point the new WCA determination will hold under res judicata, it is a new decision in different circumstances and at a different time. The Tribunal’s decision was based on a decision made the year prior.

The recommendation that he not be reassessed for 2 years is not binding and JCP are at discretion to ignore it.

New WCA determinations are analogous to making a new claim for DLA while an appeal’s ongoing. The new decision scuppers teh old one whatever a Tribunal has to say about it…

Thanks for suggestion and perspective. Helps sometimes to get an uninvolved person’s input.