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ESA Late Appeal or Late MR?
My Client has failed to engage at all with JC+, ATOS, Compliance for almost full year.
Was transferred in July from IB to ESA(WRAG) despite prior to this not returning ESA 50, or attending ATOS medicals (possibly got ESA113?).
Following this she failed to attend WFIs or give reasons for this, so was sanctioned indefinitely and paid Component only from October last year. She was then asked to attend Compliance interview in Feb this year (obviously due to the fact someone can’t live on £28 per week and must be at it!). As she failed to attend this or contact them, her claim was closed in March and she has had nothing since.
She has only now engaged with us as her HB has been suspended due to ESA ending.
My question is really what is best course of action - I think she should have been in Support Group on transfer, so should I be going straight for late Appeal against July ‘13 decision, or a late MR against March decision to close claim? (or both?)
Should I also be looking at a new claim given the time delays, in order to get benefit up and running asap???
At this stage I’m not sure how much support we will get from her own GP. I have written to them to enquire.
Any advice or thoughts would be appreciated re best course of action.
Thanks