I had a conversation about this with a welfare rights advisor a while ago. They told me that if the person claims UC while waiting for a WCA appeal, that even if they win the appeal they won't be able to go back on ESA and will have to stay on UC. And they'll be much worse off because there is no limited capability for work elment in UC from April 17. At least that's what I understood from the conversation. They told me that the person may be better of staying on nil income for HB if they thought they were going to win the appeal.
