Muzit Hailemichael v Secretary of State for Work and Pensions

Facts

The appellant, Ms Muzit Hailemichael, claimed a personal independence payment on 1 May 2019. On 20 September 2019 the Secretary of State for Work and Pensions decided that she was not entitled to either component of the payment, and that decision was upheld on mandatory reconsideration. She appealed to the First-tier Tribunal (Social Entitlement Chamber), which allowed her appeal and awarded the daily living component at the enhanced rate and the mobility component at the standard rate. Dissatisfied with the mobility award, the appellant sought permission to appeal to the Upper Tribunal. The First-tier Tribunal refused permission, but Upper Tribunal Judge Citron granted it on the ground that the First-tier Tribunal arguably failed to make its own relevant findings of fact and failed to provide a concise legal analysis applying those findings, relevant to the application of mobility descriptor 1(b). In detailed written submissions the Secretary of State supported the appeal and invited the Upper Tribunal to set the decision aside and remit the case to a differently constituted First-tier Tribunal. The appellant made no further submissions. Both parties were content for the appeal to be determined without a hearing and without reasons. The Upper Tribunal also addressed anonymity, Judge Citron having directed that any application for an anonymity order be made within 14 days; no application was made.