GL24 or SSCS1

Hi
I am new to the forum but have been finding it very useful. My husband has ME/CFS & had been on IB for several years. He recently completed an ESA50 & was placed in the WRAG in a letter dated 12 September. The phone call from the DWP was very reassuring, that he would continue to receive benefit & would just have the odd appointment to see how he was getting along. We duly attended the WFI at a local Jobcentre Plus & discovered the truth - benefit for one year only & lengthy interviews etc to attend during the year. Despite the adviser being very pleasant, the environment (lighting, noise etc) & experience brought on cognitive & physical meltdown for my husband.

We have since asked for a reconsideration to be placed in the SG, largely based the detrimental effects to his health at & following the interview & a letter from his GP. The original decision was upheld so now we are appealing. Following the guidelines on here & as per the letter received from DWP, I have submitted a GL24 & covering letter to the DWP this week & am now researching & gathering information for the appeal.

Reading another post on here I noticed appeals now go direct to the Tribunal Service on a SSCS1 which did leave me a bit confused as to which form I should be using. I imagine this has something to do with the change to mandatory reconsiderations from 31 October but don't want to get caught up on a technicality & if I need to resubmit on a SSCS1 I'll need to get my skates on.

I expect I shall be back for some more help before we get to appeal but for now given the dates GL24 or SSCS1?

Thanks.

chocoholic wrote: Hi
I am new to the forum but have been finding it very useful. My husband has ME/CFS & had been on IB for several years. He recently completed an ESA50 & was placed in the WRAG in a letter dated 12 September. The phone call from the DWP was very reassuring, that he would continue to receive benefit & would just have the odd appointment to see how he was getting along. We duly attended the WFI at a local Jobcentre Plus & discovered the truth - benefit for one year only & lengthy interviews etc to attend during the year. Despite the adviser being very pleasant, the environment (lighting, noise etc) & experience brought on cognitive & physical meltdown for my husband.

We have since asked for a reconsideration to be placed in the SG, largely based the detrimental effects to his health at & following the interview & a letter from his GP. The original decision was upheld so now we are appealing. Following the guidelines on here & as per the letter received from DWP, I have submitted a GL24 & covering letter to the DWP this week & am now researching & gathering information for the appeal.

Reading another post on here I noticed appeals now go direct to the Tribunal Service on a SSCS1 which did leave me a bit confused as to which form I should be using. I imagine this has something to do with the change to mandatory reconsiderations from 31 October but don't want to get caught up on a technicality & if I need to resubmit on a SSCS1 I'll need to get my skates on.

I expect I shall be back for some more help before we get to appeal but for now given the dates GL24 or SSCS1?

Thanks.

Hi c,

Whether you can appeal in the first instance to The DWP, using GL24 Form, or you first have to request a Mandatory Reconsideration (MR) done by The DWP before you can request an appeal directly to The TS using SSCS1, is dependent on the date of the WRAG decision, and the wording of the WRAG award decision notice letter that you should have received.

If it mentioned your right to appeal, then you could still request a reconsideration, (which would not have been mandatory) then submit an appeal by sending GL24 to the DWP, if necessary.

Indeed in that scenario, you could request an appeal by sending GL24 to the DWP in the first instance.

If the decision notice letter stated that you must first undergo a mandatory reconsideration, that is what must be done, before an appeal can be made directly to The TS using SSCS1 Form.

As the WRAG decision was circa 12th September 2013 (which is prior to 28/10/13,when MR came into force) it would seem that the first scenario in my post is relevant to you.

If that is the case, then you would now submit a GL24 to The DWP to submit an appeal.

See : Mandatory Reconsiderations FAQ's

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

If it is the first scenario, you should use our ESA Appeals Guide, and have a look through our :

Appeals FAQ’s

bro58

A brief update.

I posted the GL24 & thought fine - forget about that until after Christmas then start gathering evidence.

We saw our GP last week about a supporting letter for my husband to be placed in the SG & then surprise surprise received acknowledgement of the GL24 this week from the appeals team. We have had one reconsideration but the DWP say they will look again at the decision & inviting us to submit more evidence in support of the claim.

I've now written again using your guidelines on the descriptors & arguing that Regulation 35 should apply. Have also sent copies of what few letters we have from OH consultant. Fingers crossed they may change their decision & the appeal will lapse.

Thanks for the excellent resources on the site & the advise & dedication of the moderators.

Wishing one & all the best Christmas possible.

chocoholic wrote: A brief update.

I posted the GL24 & thought fine - forget about that until after Christmas then start gathering evidence.

We saw our GP last week about a supporting letter for my husband to be placed in the SG & then surprise surprise received acknowledgement of the GL24 this week from the appeals team. We have had one reconsideration but the DWP say they will look again at the decision & inviting us to submit more evidence in support of the claim.

I've now written again using your guidelines on the descriptors & arguing that Regulation 35 should apply. Have also sent copies of what few letters we have from OH consultant. Fingers crossed they may change their decision & the appeal will lapse.

Thanks for the excellent resources on the site & the advise & dedication of the moderators.

Wishing one & all the best Christmas possible.

Hi c,

Hopefully, the fresh evidence will have the desired effect.

Please do keep us updated.

Your best wishes for Xmas are reciprocated.

Have a good one !!!!

bro58

Heard from DWP last Friday, in a letter dated 22 January that the reconsideration decision done on 31 December & triggered by the appeal form submitted had still placed my husband in WRAG. I went through the enclosed appeal papers & found the last two letters I had sent to DWP plus supporting evidence was missing from the listing. They had been sent recorded delivery & had been signed for on 19 December & 6 January. Thinking they had 'lost' the papers, I rang the DWP & was told the last item showing on the computer system was dated 12 December but that someone from the Appeals team would call me back.

I duly had a phone call later in the afternoon saying yes they had the documents & as a result had changed their decision. This sounded too good to be true!! Saturday's mail brought more post from DWP, also dated 22 January, confirming they had changed their decision & the appeal would lapse. Wow!!

I know I need to call to find out how long himself has been placed in the SG. In order to find out the grounds for their change of mind do I ask for the relevant ESA185 under a Subject Access Request or simply ask for a Statement of Reasons? Also, am I right in thinking he has lost some of his 365 days of CB ESA?

Without the information on this website, comments from the moderators, on this thread & others,
& the support of a good GP we would never have got the decision reversed.

Thank you.