JW v Secretary of State for Work and Pensions (PIP): [2019] UKUT 279 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 13 September 2019.
Read the full decision in .
Judicial Summary
Personal Independence Payment claim initally disallowed by Department for Work and Pensions for failure to attend (FTA) medical assessment - Claimant requests MRN and lodges appeal - DWP later accepts claimant had good reason for FTA and “puts her back on the PIP journey” - Claimant attends HCP assessment and report forwarded to First-tier Tribunal - FTT then hears PIP appeal and finds insufficient points for an award - Whether appeal lapsed - AI v SSWP (PIP) [2019] UKUT 103 (AAC) considered - Where error of law in FTT decision, appropriate mode of disposal usually = remittal to fresh FTT rather than remittal to DWP decision-maker.