EDK v Secretary of State for Work and Pensions

Facts

The Appellant, anonymised as EDK, claimed Personal Independence Payment (PIP). The Secretary of State's decision-maker refused the claim in a decision dated 26 October 2023, awarding nil points for both the daily living and the mobility components. The Appellant appealed to the First-tier Tribunal (Social Security and Child Support), which heard the appeal at Sutton on 8 January 2026. The panel was Judge J A Borrow, Dr S J Ward and Mr U Hoque. The tribunal dismissed the appeal. It awarded 6 daily living points, but that was not enough to change the outcome, so the disallowance stood. The Appellant, acting in person, appealed to the Upper Tribunal on six grounds. These included arguments that the tribunal had failed to apply regulation 4(2A) properly, had failed to consider material evidence, had given inadequate reasons and had not considered the evidence holistically. Upper Tribunal Judge Wikeley granted permission on all grounds. He noted that some grounds, such as those on the findings of fact and reasoning, might be stronger than others. He also asked whether the tribunal should have made findings on the moving around descriptor. The Secretary of State, represented by Ms S Hennessy, supported the appeal. The appeal was decided on the papers.