Anxiety and depression
Anxiety is a feeling of unease, worry or fear, and can have both psychological and physical symptoms. The symptoms of depression can be complex and vary widely between people. But as a general rule, if you are depressed you feel sad, hopeless and lose interest in things you used to enjoy. The symptoms persist for weeks or months and are bad enough to interfere with your work, social life and family life.
Note: Although disablement must be caused by a physical or mental health condition, it is the needs and difficulties that result which will determine entitlement rather than the condition itself. As a result, whilst the case law below may be of assistance, it will be important to also look at the case law relating to the activities and issues that affect you too.
Case law
Commentary: Whilst we don't yet have any commentary in relation to the case law items below, we'd love to hear from you if you'd like to contribute. Send us a suggestion and we’d be happy to incorporate it here. | Add commentary or suggest an edit.
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Effects of jobseeker’s conditionality on a claimant are relevant when deciding substantial risk under ESA regulation 29(2)(b)
- [2018] UKUT 124 (AAC)
- CE/2904/2017
- JT v Secretary of State for Work and Pensions (ESA)
- Taxi driver may be accompanying claimant for the purposes of activity 15
- [2016] UKUT 96 (AAC)
- CE/3255/2015
- AB v Secretary of State for Work and Pensions (ESA)
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Tribunal not under a duty to make reasonable adjustments for claimant’s mental health problems under Equality Act 2010, but must take account of them in applying tribunal procedure rules
- [2016] UKUT 10 (AAC)
- Reported as [2016] AACR 31
- CE/85/2014
- LO'Lv Secretary of State for Work and Pensions (ESA)
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Specific mental illness or disability need only be ‘effective’ cause of inability to perform activity, and need not be the root or primary cause
- [2015] UKUT 646 (AAC)
- CE/1703/2015
- MC v Secretary of State for Work and Pensions (ESA)
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Descriptor 1 of Activity 15 requires investigation of whether claimant can go to a place outside the immediate vicinity of their home
- [2015] UKUT 531 (AAC)
- CSE/236/2015
- PC v Secretary of State for Work and Pensions
- Application of activity 10 - ‘consciousness during waking moments’
- [2015] UKUT 287 (AAC)
- CE/3933/2014
- CB v Secretary of State for Work and Pensions (ESA)
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ESA regulation 29 was concerned with risk at the date of decision, not the possible future benefits of working
- [2014] UKUT 550 (AAC)
- CE/2291/2014
- CS v Secretary of State for Work and Pensions (ESA)
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Failure to properly assess effect of claimant’s mental health problems on application of ESA descriptors
- [2014] UKUT 523 (AAC)
- CE/171/2014
- MF v Secretary of State for Work and Pensions (ESA)
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Descriptor 14(c) – coping with minor unplanned change – is not concerned with supported coping and does not require daily incidents of non-coping
- [2014] UKUT 522 (AAC)
- CE/1532/2014
- SP v Secretary of State for Work and Pensions (ESA)
- Whether verbal aggression is sufficient to satisfy activity 17
- [2014] UKUT 363 (AAC)
- CE/1021/2014
- WC v Secretary of State for Work and Pensions (ESA)
- Regulation 29 where person unable to make journey to work unaccompanied
- [2014] UKUT 148 (AAC)
- CE/3848/2012
- PO v Secretary of State for Work and Pensions (ESA)
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Duty of Secretary of State and tribunal to consider what work related activity claimant is capable of for purposes of ESA regulation 35(2)
- [2013] UKUT 573 (AAC)
- CE/587/2013
- DH v Secretary of State for Work and Pensions (ESA)
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‘Majority of time’ provision in regulation 34 of the ESA Regulations does not apply if inconsistent with wording of a descriptor / ‘on a daily basis’ in descriptor 14 of schedule 3 does not mean ‘every day’
- [2013] UKUT 556 (AAC)
- CE/3808/2012
- WT v Secretary of State for Work and Pensions (ESA)
- When is engagement in social contact ‘always precluded’
- [2013] UKUT 552 (AAC)
- CE/4125/2012
- LM v Secretary of State for Work and Pensions (ESA)
- Meaning of ‘social engagement’ in activity 16 of the work capability assessment
- [2013] UKUT 446 (AAC)
- CE/4183/2012
- AR v Secretary of State for Work and Pensions (ESA)
- Failure of tribunal to ask sufficient questions when assessing limited capability for work
- [2013] UKUT 405 (AAC)
- CE/2649/2012
- GC v Secretary of State for Work and Pensions (ESA)
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Whether inability to get to one particular place satisfies the ‘getting about’ activity / tribunal’s duty to explore whether claimant’s ability to present case hampered by not receiving documents
- [2011] UKUT 79 (AAC)
- CE/1899/2010
- DA v Secretary of State for Work and Pensions