DWP not including ESA85 within appeal papers

I have just received, from DWP, a copy of the appeal papers which have been sent to the Tribunals Service.

Briefly : converting from IB to ESA. My Decision Date was 18 September 2012 (put into WRAG group without being called for a face-to-face medical). I sent in the GL24 appeal on 9 October 2012. On 11 January 2013 I was called by Atos for a medical which I attended on 24 January 2013. When I phoned the DWP call-centre and asked if this medical related to the reconsideration, I was told that ‘yes’ it did. I also know that the medical was a CZ referral (which is the code for a reconsideration following dissatisfaction/appeal/reference back).

The medical did not go well – the doctor’s understanding of English seemed to be poor and he did not understand what I was trying to explain to him about my illness and how it affects me. I know, by another means, that the report contains many inaccuracies and a complete misunderstanding of neurological illnesses.

I see from the ESA appeal papers I have just received that the DWP have not included the ESA85 medical report within the evidence. As the face-to-face medical was clearly called for as part of the reconsideration of the 18 September 2012 decision I am appealing against, surely the ESA85 report should form part of the evidence? The reconsideration decision is dated 14 March 2013 and does say ‘There has also been a further medical examination on 24 1 2013’. If it does not form part of the evidence, I am prevented from presenting my own evidence, challenging the accuracy of the doctor’s comments.

I am especially concerned that the ‘Facts of the case’ include the following:
“The tribunal may also wish to note that .... attended a further medical on 24 1 2013 following a CZ referral to medical services where she did not score any points. A decision is yet to be made and notified to ....”.

My concerns:
1) The Tribunal have been told that I have had a medical and did not score any points (so I seem to have gone from at least 15 points, to none, as a result of the medical) – but I am unable to challenge this unless the ESA85 is part of the evidence. Surely that is not giving me the chance of a fair hearing?
2) It looks from their comment as though, if I now have no points, I may be about to be notified that I no longer qualify for WRAG. So, even if I were to win the first appeal, I would have to bring a second appeal against this latest decision.
3) As the face-to-face medical related to the reconsideration of a decision which had already made, would the DWP be acting lawfully if they were to now use the medical report to move me from WRAG to ‘fit for work’? How can they say that a ‘decision is yet to be made’, in relation to this medical, given that it wasn’t a new assessment and I hadn’t been asked to complete another ESA50?

This has all been going on for a year now and I am completely distraught by the latest developments. I can’t face the prospect of having to appeal another decision before I have even had the chance to appeal the first one. I’m too ill to cope with all of this.

I need to know whether the DWP is acting legally here. Apologies if it all sounds a bit complicated, but I’ve done my best to summarise. Thank you!