Caselaw summaries

Medical evidence of publicly discredited assessor – to be given no weight

Activities 1 (preparing food), 2 (taking nutrition) and 3 (managing therapy or monitoring a health condition)

Tribunals – ‘protective essays’ (ie, regarding what the tribunal views the law requires for adequate reasoning) in tribunal written statements of reasons

‘Vulnerable’ adult – brain injury leading to memory problems and fatigue – need to consider giving of evidence including from representative

Personal independence payment (PIP) - failure to attend medical – need for tribunal to see appointment letter

Tribunals – inconsistency between decision notice and summary of reasons is an error of law

Tribunals – where claimant has a decision under appeal but in the meantime makes a fresh claim for the same benefit and that claim is decided by the decision maker

Personal independence payment (PIP) - tribunals and medical evidence – review/audit procedure of official medical report resulting in alteration of report

Daily living Activity six (dressing and undressing) – claimant with neurological problems had to sit on bed to dress but also needed to use crutches to stand up to put trousers on and fasten them - although a bed does not count as an aid, the tribunal erred in not considering that use of the crutches might be

Daily living Activity nine (engaging with other people face to face) – general guidance