Caselaw summaries

PIP Activity 7 (‘Communicating verbally’) – for purpose of descriptor 7(b) (‘Needs to use an aid or appliance to be able to speak or hear’), a bone anchored hearing aid (‘BAHA’) qualifies as an ‘aid or appliance’

Personal independence payment – meaning of ‘aid’ – ‘normality of behaviour’ is not determinative of whether a device qualifies as an aid – bath handles can be an aid

Tribunals – error for failing to make adequate findings of fact and give adequate reasons in refusing daily living component – also for adopting ‘flawed findings’ in healthcare professional’s report

PIP mobility and walking in pain – tribunal needed to making finding regarding level of pain the claimant is in while walking (including in supermarket aisles, which the tribunal had referred to as evidence)

Personal independence payment (PIP) – transfer from disability living allowance (DLA)

Personal independence payment (PIP) – seizures and ability to carry out an activity safely

Tribunals and personal independence payment (PIP) – claimant diagnosed with autism spectrum disorder (ASD) and significant social anxiety

Evidence – observations of claimant at hearing – claimant should have opportunity to address inferences

Tribunals – breach of natural justice

Activity 3 (managing therapy or monitoring a health condition) – prescribed compression stockings are ‘therapy’ for purposes of the activity and tribunal should have considered whether any of the descriptors in it applied as a result of the claimant’s difficulties in putting on and taking off the stockings