Shaun Gleeson v Secretary of State for Work and Pensions

Facts

The claimant had received Employment and Support Allowance since 2012. On 22 December 2023 he completed an ESA50 questionnaire, and on 18 June 2024 he underwent a telephone assessment with a healthcare professional, whose report did not recommend any points. On 9 August 2024 a decision maker for the Secretary of State for Work and Pensions decided that he did not have limited capability for work, and that he was not to be treated as having it, from that date. The claimant appealed to the First-tier Tribunal (Social Entitlement Chamber), the requirement for mandatory reconsideration having been waived. On 27 February 2025 a two-member panel sitting at Derby awarded him 9 points for activity 2 (standing and sitting) in Schedule 2 to the Employment and Support Allowance Regulations 2008. It awarded no points for mobilising, and so, the threshold being 15 points, confirmed the Secretary of State's decision. Tribunal Judge Ennals refused permission to appeal on 2 July 2025. The claimant then applied to the Upper Tribunal, where Upper Tribunal Judge Church granted unrestricted permission on 17 October 2025. The Secretary of State supported the appeal, and neither party sought an oral hearing.