Administrative / Public Law · Upper Tribunal (Administrative Appeals Chamber)
Umberto Silba v The Secretary of State for Work and Pensions
Checked against the judgment on 14 August 2026 · how we verify
Facts
The claimant, Umberto Silba, appealed against a decision of 3 May 2024 awarding him 2 points for the daily living component and 0 points for the mobility component of personal independence payment, so that he was entitled to neither component from and including 8 February 2024. That decision was reconsidered, but not revised, on 14 August 2024. His appeal came before the First-tier Tribunal (Social Entitlement Chamber) sitting at Wolverhampton on 31 July 2025, where he appeared by telephone and gave oral evidence and no presenting officer attended. The Tribunal refused the appeal, finding 4 points for the daily living component (descriptors 4b and 9b) and 0 points for mobility, so entitlement to neither component. The claimant's conditions included ulcerative colitis, a heart attack in November 2023 with a stent fitted, a broken right wrist, lower back and knee pain with suspected early arthritis, and anxiety and depression. District Tribunal Judge Cossar granted permission to appeal on 22 December 2025, considering it arguable that the statement of reasons rehearsed evidence without explaining what was made of the claimant's own evidence, and that paragraph 102 of the statement of reasons suggested the wrong legal test had been applied. The Secretary of State supported the appeal. Neither party sought an oral hearing and the matter was decided on the papers.
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