New claim while appealing the old claim - new or worsened condition…

My client failed the WCA before the ESA appeal changes at the end of March. She appealed the decision and also started a new ESA claim at the same time. The appeal for the old claim has proceeded and the hearing is next week.

However, she put in the new claim within 6 months of failing the WCA, so her med’ cert’ will have to show a new or worsened condition, won’t it (even under the old rules)? I assume this is why they haven’t paid her anything for the new claim. Can she now close the new claim and ask for AR payments for the old claim which is still under appeal?

The DWP said that she would have received the AR for the old claim while appealing but these payments have probably been blocked by the new claim…

Yes, that’s probably what’s happened. They tend to get their knickers in a twist when there is a second claim in the mix. I see no reason why your client shouldn’t close down claim 2 and recieve payments on the original claim pending the appeal being heard. You’ll probably have to rattle the cage a few times to make it happen.