Missing ESA50

Cl claimed ESA in November 2014. Found not to have LCW following WCA and ESA disallowed in December 2015. The case is a mess - and I have some of the responsibility for that (not as much as JC+ and DWP however) - and cl is currently struggling and close to disaster on UC… However that is not my question here…

In bundle DWP submission states that “for the purposes of this submission the ESA50 can not be located. It is possible that due to the normal destruction of old records it no longer exists. There is no reason to doubt that the information it contained was considered in full by the HCP and DM at the appropriate time”.

No reference to ESA50 answers anywhere in HCP report but on p.4 under Social History is the note “Evidence reviewed includes the ESA50, Med3, LT54 [?] and POID1”. LT54 following this WCA states “Mr JF completed a questionnaire in which he identified difficulties with Starting and Finishing Tasks”. Further on DM writes: “Starting a Task and Finishing it to the End - Mr JF indicated on the ESA50 that he has difficulty with this activity due to depression”. That’s it for the ESA50.

Cl is functionally illiterate and couldn’t fill an ESA50 form in on his own. I’ve described the form to him and he doesn’t remember ever having help to complete it. Cl is blind in one eye but this isn’t mentioned anywhere in HCP report…

Cl is not a good appeal prospect - 59 yrs (looks more like 70) long term alcohol issues and depression. GP very unhelpful/judgemental but cl is plainly not fit for work and I give him another couple of weeks on UC before sanctioning (illiterate, no computer skills etc). Oh and he’s subject to bedroom tax of course…

So can I ask DWP (or make an application to tribunal for disclosure) for proof that an ESA50 was received? I’m assuming that it should have been logged somewhere on the system. Alternatively is it worth arguing that no substantive reference to it by HCP indicates that they did not have full information in assessing.

Or am I just clutching at straws… Tribunal date is 14 April so time is pretty much of the essence…