Paper hearing - no ESA50 in bundle

This is a case whereby case heard at paper hearing as the appellant’s request.  It transpired that the ESA50 was NOT in the appeal papers but that the client has produced a 3 page appeal letter herself.  This, it would appear, to be the only evidence other than the ESA85 before the tribunal.  As this was a paper hearing, the appellant was not able to offer any evidence. 

The question is, therefore, would the absence of the ESA50 allow the matter to be set aside on procedural or other grounds?  The set aside request was refused and the 2nd tier appeal leave was denied by an upper tier judge.

Any thoughts?

Thank you in advance.

Patrick.

You’d need to show evidence that the ESA50 was submitted. Lots of cases, especially mental health cases, get to appeal with no ESA50 in the bundle.

I’d do a Data Protection Act request asking for the ESA55 and provide a witness statement from the claimant stating that she sent the ESA50 in, ideally on what date, where it was posted, generally as much info as possible, whether she knew that the HCP had referred to a copy; bundle that with a set aside request based on missing docs and request the application is held in abeyance until you get the ESA55.

It shouldn’t take more than 8 weeks for the ESA55 to arrive.

If I can find some tippex I’ll attach a blank Subject Access Request form.

fat finger edit