Caselaw summaries

Tribunals – use of Google Maps evidence by tribunal

Tribunals – personal independence payment – where a tribunal makes an award for a fixed period, then the tribunal should also explain why the award is for such a fixed period

Personal independence payment (PIP) – mobility activity 1 (planning and following journeys) – ‘acceptable standard’ requirements apply to all the descriptors – descriptor (e) to be considered after descriptor (f)

Tribunals – decision made without a hearing (ie, on the papers) – tribunal erred in failing to address why it proceeded without a hearing, and failed to consider medical evidence that may have been relevant

Tribunals – per section 12(8)(b) of the Social Security Act 1998, a tribunal may not take into account circumstances ‘not obtaining at the time when the decision appealed against was made’

Tribunals – matters not raised by appeal and failure to give sufficient warning of less favourable decision

Tribunals – incomplete audio recording of hearing – set-aside for material procedural irregularity

Tribunals – right of appeal – ‘any time’ revisions – ‘official error’ ground

Tribunals – risks of drawing inferences from the medical treatment that a claimant has (or has not) received), and from fact claimant had not been issued with aids and appliances

Tribunals – claimant with physical injury and dizziness – tribunal erred in not weighing claimant’s evidence and not making clear findings of fact, but instead in rejecting the appeal having strayed into speculating about whether the claimant’s needs actually arose from choice and ‘traditional roles’ in the claimant’s family, a matter on which it heard no evidence