GAL v The Secretary of State for Work and Pensions

Facts

GAL, the appellant, claimed personal independence payment (PIP) on 04 April 2024. He has longstanding Perthes disease, which causes hip and elbow pain, and diverticulitis, which prevents him from taking anti-inflammatory pain relief. After a telephone consultation with a healthcare professional, a decision-maker acting for the Secretary of State awarded him no points on 05 August 2024. GAL appealed to the First-tier Tribunal (FTT), saying he would not attend a hearing. The FTT decided the appeal on the papers on 24 February 2025. It awarded daily living points under descriptors 1.b, 4.e and 6.b, which cover preparing food, washing and bathing, and dressing and undressing. It awarded no mobility points. Because GAL fell short of the eight-point threshold for either component, the FTT dismissed the appeal. For activity 5 (managing toilet needs), it held that his diverticulitis difficulties did not arise for the majority of the time. The evidence on how often he had flare-ups was inconsistent: his appeal form described tenfold flare-ups on top of hospital admissions, while his GP reported six episodes since May 2019. Upper Tribunal Judge Butler admitted GAL's application for permission to appeal, which was five days late, and granted permission on several arguable grounds. The Secretary of State's representative supported every ground and invited remittal. GAL asked for an oral hearing.