Lack of ESA50 in appeal papers

Hello,

I am just looking at a set of appeal papers for an esa LCW decision and there is no ESA50, apparently its been lost. Anyone know of any arguments I could make regards to this which could help the appeal?

Thanks

Not really.

Obviously the DWP can be criticised for losing the form, but I don’t see how that changes anything in terms of what needs to be decided to wit the actual entitlement of the claimant.

You should be able to explain the claimants case on the descriptors in submissions on the basis of their actual conditions at the decision date. You could even fill out a blank ESA50 and send it in as evidence if necessary.

I think, if the form is not there, it’s difficult to make a decision, and argument at the least, go through a blank template and by all means use it, Tribunal likely to err on side of caution and possibly go for same, or support group. DWP will learn in future hopefully!