Missing ESA50 questionnaire

Would anyone like to offer their thoughts on the following….

Several month’s ago, a client of mine was given a favourable decision at an ESA appeal. This was primarily due to the fact that the judge decided that as the DWP had failed to produce the ESA50 questionnaire (client was sure he had completed this), any decision other than to allow the appeal would make the process “unsafe”.

I now have a similar situation, where a client attended his medical examination, and was awarded 9 points under the mental health descriptors. However the major difference this time, is that the DWP state in their submission that the client had failed to complete/return the ESA50 form, but goes on to say that the the “Health Care Professional, has taken all of the evidence in to account, including the ESA50”.

The client in this case, is unable to remember whether he did complete the ESA50.

Do people think that the above scenario is likely to also see a favourable result?

Regards

Jackie

Apologies - posted in wrong area. If a moderator would like to move, please do so.