Michael Monaghan v Secretary of State for Work and Pensions

Facts

The claimant, Michael Monaghan, claimed the Limited Capability for Work ("LCW") and Limited Capability for Work Related Activity ("LCWRA") elements of Universal Credit on 17 June 2024, completing a UC50 form in which he reported trauma-related stress and anxiety. Following a video appointment with a healthcare professional on 16 August 2024, a decision maker for the Secretary of State for Work and Pensions awarded him 15 points under Schedule 6 to the Universal Credit Regulations 2013 in respect of descriptors 15(c) and 16(b), concluding that he had LCW but did not have, and was not to be treated as having, LCWRA. That decision was confirmed on mandatory reconsideration and the claimant appealed to the First-tier Tribunal, asking that his appeal be determined without a hearing. On 12 March 2025 a two-member panel of the First-tier Tribunal (Social Entitlement Chamber) sitting at Sutton, comprising Tribunal Judge Abbott and Medical Member Dr Freeman, confirmed the Secretary of State's decision. A District Tribunal Judge refused permission to appeal, but Upper Tribunal Judge Church granted permission on the claimant's renewed application. The claimant advanced three grounds; the Secretary of State supported the first two but resisted the third. Neither party sought an oral hearing, and the appeal was decided on the papers.