Ismail Hamed v Secretary of State for Work and Pensions

Facts

The claimant claimed Personal Independence Payment on 26 June 2023 and completed a questionnaire in which he complained of both physical and mental health problems. On 28 November 2023 a decision maker for the Secretary of State decided that he was not entitled to either component at either rate from 26 June 2023. The decision was confirmed on mandatory reconsideration, and the claimant appealed to the First-tier Tribunal. On 25 July 2025 a three-member panel of the First-tier Tribunal (Social Entitlement Chamber) sat at Coventry and confirmed the Secretary of State's decision. In its written reasons the Tribunal relied on a finding that the claimant was physically working shortly before the decision under appeal, reasoning that such work would have involved a certain amount of motivation, personal care and physical activity and that the medical evidence showed no sudden deterioration. The claimant's evidence was that he had not worked for a significant part of the required period. Tribunal Judge Lazenby refused permission to appeal on 5 January 2026. The claimant then applied to the Upper Tribunal, and Upper Tribunal Judge Church granted unrestricted permission, the claimant arguing also that the wrong standard of proof had been applied. The Secretary of State supported the appeal.