Keith Joyce v Secretary of State for Work and Pensions

Facts

The appellant, Keith Joyce, claimed a Personal Independence Payment on 29 March 2023 on the basis of difficulties with his eyes, arising from a diagnosis of blepharospasm, a neurological condition causing sporadic spasms in the muscles in or around the eyes which make them twitch, flex and sometimes close. On 1 November 2023 a decision maker for the Secretary of State for Work and Pensions decided that he did not satisfy the entitlement conditions from 29 March 2023 and made no award. The claimant sought mandatory reconsideration, which upheld that decision, and then appealed to the First-tier Tribunal (Social Entitlement Chamber). A three-member panel, comprising Tribunal Judge D French, Tribunal Medical Member Dr Alam and Disability Qualified Professional Member Brampton, heard the appeal at a remote video hearing on 17 January 2025, at which the claimant gave evidence and his representative made submissions. The Tribunal accepted that he had the condition but dismissed the appeal and confirmed the Secretary of State's decision, holding that options were available to him to keep his eyes open, including strips to hold the eyelid back and special glasses, so that no points were scored. The First-tier Tribunal refused permission to appeal, and the claimant renewed his application to the Upper Tribunal, where Upper Tribunal Judge Church granted permission.