The second claim will be treated as either a revision of a refusal on an initial claim or as a supersession depending on the outcome of the first appeal. As the second claim has been decided as a nil award by the DWP you have no option to withdraw this appeal because irrespective of the outcome of the first appeal, the existing decision on the second claim is of a nil award.
Was the IB report based on an examination prior to the date of the first decision? if it was'nt it can not be considered by the tribunal as it is produced after the decision under appeal.
Have you considered requesting that both appeals are heard consecutively by the same tribunal, or are heard in order, ie the first appeal is heard first as the second decision will either be a supersession request or a revision.
|