LAL v The Secretary of State for Work and Pensions

Facts

The appellant, referred to as LAL, claimed personal independence payment on 31 October 2023 and was assessed by telephone on 25 January 2024. On 5 February 2024 the Department for Work and Pensions, acting for the Secretary of State, awarded her descriptor 9.b (2 points) for daily living and no points for mobility; on 1 May 2024 that decision was maintained on mandatory reconsideration. LAL appealed to the First-tier Tribunal on 13 September 2024. At a face-to-face hearing in Liverpool on 27 February 2025 the tribunal added descriptors 1.b and 4.b, bringing her daily living total to 6 points, and awarded mobility descriptor 2.b (4 points); as the threshold for either component is 8 points, it confirmed she was not entitled to PIP and refused the appeal, producing a Statement of Reasons on 9 May 2025. A salaried First-tier Tribunal judge refused permission to appeal on 2 July 2025, and LAL applied directly to the Upper Tribunal, which granted permission on 5 December 2025 on grounds concerning managing toilet needs, the findings about her fibromyalgia pain, the approach to engaging with other people, and the reasoning about washing and bathing. The Secretary of State's representative supported the appeal, and it was determined on the papers.