E.S.A. Deemed Fit to Work — Scope | Disability forum
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E.S.A. Deemed Fit to Work

Hello everyone,
I failed to attend an ESA assessment as I suffer from Labirinthytis and had a severe attack during the early hours of the morning, on the day of the assessment. I didn't wake until 6pm. Now my Mandatory Reconsideration had been rejected, I need to appeal to a tribunal. Your advice would be most welcome.
Many thanks,


  • murphy5210
    murphy5210 Member Posts: 5 Listener
    I also suffer from several other illnesses, including depression.
  • poppy123456
    poppy123456 Member Posts: 28,577 Disability Gamechanger

    You really do need to get help with this from your local welfare rights. The MR decision obviously hasn't accepted your reasons for not attending. Did you give evidence for the reasons you didn't attend?

    As the MR decision didn't change you now have the Tribunal and for this, it's different because you're appealing the decision of being found fit for work for failing to attend. You have 28 days from the date of decision to request the Tribunal by filling out the SSCS1 form, make sure you send the MR decision letter with the form otherwise the Tribunal won't accept your appeal.

    If you didn't send evidence for the reasons for not attending the assessment then you'll need to make sure you send it to the Tribunal. As this is failing to attend then unfortunately you won't be able to go back onto assessment rate for ESA while you wait for the Tribunal date and a Tribunal hearing can take several months.

    What have you been doing for money while you waited for the MR decision? Were you previously in a group or on assessment rate?
  • murphy5210
    murphy5210 Member Posts: 5 Listener
    Hi Poppy,
    Many thanks for your response.
    I sent them a letter from my GP, confirming that I have labirinthytis.
    Unfortunately; I've had to withdraw money from my pension to live on. I have applied for UC, that was on 22nd July and I'm still waiting to hear from them.
  • poppy123456
    poppy123456 Member Posts: 28,577 Disability Gamechanger
    The letter of confirmation from your GP wouldn't have been enough of evidence because all conditions affect people in different ways. You'll need evidence that proves why you didn't attend the work capability assessment.

    As you've now applied for UC you won't be able to go back onto ESA, you'll remain on UC. As you applied for UC i July, i make that 14 weeks ago and you haven't heard anything that's way too long. Have you contacted DWP about your UC claim? Usually first payment for UC takes approximately 6 weeks. I'd advise you to contact them to find out what's going on and get further advice about the ESA.
  • poppy123456
    poppy123456 Member Posts: 28,577 Disability Gamechanger
    The money you withdrew from your pension, if it was more than £6,000 then this will affect the amount of UC you can claim, anything £16,000 and over and you won't be entitled to any UC. Was it just the lump sum or monthly payments as well?
  • murphy5210
    murphy5210 Member Posts: 5 Listener
    It was under £6k and no monthly payments.
  • murphy5210
    murphy5210 Member Posts: 5 Listener
    Not sure what other evidence I could have provided......I have had this illness for 15yrs.
    In February, I had the same issue and they accepted it then.
    I attended another assessment in June, but as I was so ill during it, the assessor cancelled it after 20mins.
  • janice_in_wonderland
    janice_in_wonderland Member Posts: 265 Pioneering
    So sorry to hear this @murphy5210 bc its something i suffer from too in addition to other illnesses 

    I hope things are sorted out for you asap and you are coping alright under the circumstances
  • poppy123456
    poppy123456 Member Posts: 28,577 Disability Gamechanger
    The Tribunal will be because you failed to attend and the reasons for this is what they'll be looking at. Your evidence need to say more then just a diagnosis, you need to show the reasons why you didn't attend the assessment.
  • Mumof2ds
    Mumof2ds Member Posts: 147 Pioneering
    Hi @murphy5210

    Although I cannot be of any advice, I wanted to say I understand where you are coming from. 

    I have Vestibular Neuritis in my R ear, Menieres Disease in my L ear, and progressive hearing losses, vertigo and now hearing aids. 

    I have been having rotational Vertigo since February 2017 when I just awoke with it. 

    I thought I had had a stroke or had food poisoning. 

    It has taken 19 months for diagnosis, but we knrkall along it was Menieres Disease. Are you in any vestibular support groups? 

    There is VEDA or The Menieres Society on line, but loads of FB groups too. 

    15 years to have Labrynthitus reoccurring? U less that alone has damaged your vestibular system. I've had 4 ENT and Neurologist, you name it! 

    There is a fabulous audiologist section on here if you check the list of groups. 

    Also are you under a physiotherapist at a hospital and an ENT. I have been doing vestibular balance exercises since last year, and they do help a bit, unless attacks or drop attacks are bad, but the exercises do help me get up and move about. 
    Anxiety and Depression are other side effects of my Vestibular condition. 

    I wish you luck with your claims, and illness. Make sure you get support, and thinking of you. 
    P X 

    Politeness costs nothing, but goes a long way in life. 
     Always look out for each other. Be kind. 
     Hugs and smiles mean the world. XX 


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