Reg 30(2) of the ESA Regs disconnects the assumption of sickness pending an LCW assessment, if there was a negative LCW decision within the previous 6 months, but I don't see how that could embrace an earlier PCA decision because (i) the abovementioned Reg only refers to LCW, and (ii) the PCA is weaker anyway.
I suppose there is nothing to lose by going for ESA, apart from the increased likelihood that your client will be found fit for work, because the ESA rules are tougher for most claimants ( especially those that need to add scores across Activities, as well as for some clients who would have got a 'big hitter' 15 point score under the old PCA).
Where is everybody? Blimey - its Saturday!
Steve
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