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ESA medical during appeal period
Client failed limited capability for work assessment 06/08/2010. She appealled this decision. She did not made a new ESA claim pending her appeal, but was called for a further medical assessment 16/03/2011 - no reason given why. Client’s ESA appeal was heard on 05/04/2011 and was unsuccessful. A further decision was sent to client 12/04/2011 that she is not entitled to ESA from 12/04/2011, as she was found fit for work following the medical assessment on 16/03/2011. I am not sure what to advise client in respect on which benefit to claim now. More than 6 months have passed since the initial determination - 06/08/2010, so she would have the option to reclaim ESA. However, I’m not sure how the new decision, based on the medical assessment - 16/03/2011 affects this. Do you think she can make a new ESA claim or should she appeal the 12/04/2011 decision, even though it was not related to a new ESA claim? If she does make a new ESA claim, will it be imediately refused due to the recent assessment?