No ESA prior to medical and subsequent disallowance

Hi can any one help me with this
two of my customers have attended to complete GL24 for ESA disallowance. 
It seems that neither have completed a ESA50 not because of non compliance they never issued.

Is there something I can do to get decision set aside as no ESA50 issued.

PS they have both been sent ESA50 after disallowance

Thanks

I think this is the bits of the ESA regs that applies

Information required for determining capability for work

21.—(1) Subject to paragraphs (2) and (3), the information or evidence required to determine whether a claimant has limited capability for work is—

(a)evidence of limited capability for work in accordance with the Medical Evidence Regulations (which prescribe the form of doctor’s statement or other evidence required in each case);
(b)any information relating to a claimant’s capability to perform the activities referred to in Schedule 2 as may be requested in the form of a questionnaire; and
(c)any such additional information as may be requested.
(2) Where the Secretary of State is satisfied that there is sufficient information to determine whether a claimant has limited capability for work without the information specified in paragraph (1)(b), that information will not be required for the purposes of making the determination.

(3) Paragraph (1) does not apply in relation to a determination whether a claimant is to be treated as having limited capability for work under any of regulations 20 (certain claimants to be treated as having limited capability for work), 25 (hospital in-patients), 26 (claimants receiving certain regular treatment) and 33(2) (additional circumstances in which a claimant is to be treated as having limited capability for work).

and

Information required for determining capability for work-related activity

36.—(1) Subject to paragraph (2), the information or evidence required to determine whether a claimant has limited capability for work-related activity is—
(a)any information relating to the descriptors set out in Schedule 3 as may be requested in the form of a questionnaire; and
(b)any such additional information as may be requested.
(2) Where the Secretary of State is satisfied that there is sufficient information to determine whether a claimant has limited capability for work-related activity without the information specified in paragraph (1)(a), that information will not be required for the purposes of making the determination.

As you can see it says may rather that must in relation to a questionnaires.

Thank you so I assume in these cases that they decide the EMP is sufficient to disallow.

Wonder why then both customers recieved ESA50 after the decision made.  I not sure to advise to complete them or not.

Had they appealed or asked for a revision before they got the forms?

Thank you

One had and I have been told that they are going to request another medical as part of appeal process and so they would like ESA50 to so this seems positive.

2nd one the JCP had not received the appeal prior to sending the ESA 50 and they have advised a mistake and not to complete but they will re-consider if we have more information so will await GP support.

Thank you