DL v Secretary of State for Work and Pensions

Facts

The appellant, DL, applied to the Secretary of State for Work and Pensions for Personal Independence Payment. The application was refused, and she appealed to the First-tier Tribunal (Social Entitlement Chamber). The First-tier Tribunal, sitting at Ashford and comprising Judge E B Solomons, Dr C Boyd and Dr J L Emanuel, determined the appeal on the papers without an oral hearing, recording in its Statement of Reasons that the appellant had not asked for a hearing, that the Secretary of State did not object, and that there was sufficient evidence in the bundle for a fair decision to be made in the interests of justice. By its decision of 10 March 2025 the tribunal upheld the refusal, although it did not agree with the Secretary of State in every respect and awarded a number of points for the daily living component, taking a view different from the healthcare professional on some descriptors and concluding that the appellant could manage tasks such as preparing food and dressing with the aid of an appliance. It also found itself "less persuaded" of her difficulty in putting on a jumper. The appellant appealed to the Upper Tribunal, where Upper Tribunal Judge Butler granted permission on two grounds, both of which the Secretary of State supported. The Upper Tribunal decided the appeal on the papers.