Caselaw summaries

Contradictory decision notice – failure of presenting officer to attend – inadequate warning of less favourable decision

Tribunals – claimant transferred from maximum award of disability living allowance (DLA) to personal independence allowance but awarded only the standard rate of the daily living component

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