Will pursuing an appeal on an old claim affect a positive decision on a fresh claim?

Hi All

Client converted to ESA and fails WCA in March 2013. Loses appeal in Oct 2013 and comes for advice late. We seek appeal on point of law. In meantime she makes fresh claim for ESA from Jan 2014.

Appeal finally goes to UT and error of law agreed - referred back for rehearing.

Appeal listed for 10/02/15 next week.

Have just discovered client passed WCA and placed in WRAG in a decision dated 15/01/15, effective from Jan 2014.

Will pursuing the hearing next week affect this fresh claim, as this decision pre-dates the fresh claim? Realistically we would accept WRAG and not support group.

Or is it ok as appeal will now be for fixed period i.e. March 2013 to Jan 2014.

Many thanks!

My initial reaction is that the tribunal decision, if favourable, remains in force until the date of the new decision. I can’t see a situation in which the new claim would prejudice the old claim. For ESA, a new medical report is grounds for supersession in any event, so provided the new decision was based on a new medical report, it is unchanged by the tribunal decision.

The fact that the appellant has been awarded the WRAC may even help the appeal if there is no indication of substantial deterioration since the previous claim.

Thanks Edmund

I was more worried if the Tribunal was lost, and if this would affect the new claim .

Cheers