Evidence
In determining limited capability for work, issues may arise concerning the validity or relevance of evidence. Where there is conflicting evidence, a decision has to be made as to which should be given the greater weight. Whilst there has been case law concerning evidence issues relating to the work capability assessment, case law from other incapacity and disability benefits may also be relevant.
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.
-
Secretary of State should, where relevant, provide claimant’s ESA adjudication history and action plan in appeal response to First-tier Tribunal
- [2020] UKUT 148 (AAC)
- CE/2506/2018
- RP v Secretary of State for Work and Pensions (ESA)
-
Whether tribunal required to consider adjournment if representative has not lodged relevant papers from PIP claim in support of ESA appeal
- [2018] UKUT 391 (AAC)
- CSE/279/2018
- MC v Secretary of State for Work and Pensions (ESA)
-
Whether ESA descriptor 5b should assess grip with reference to the current version of a £1 coin / adequacy of tribunal reasons for preferring one source of evidence to another
- [2018] UKUT 326 (AAC)
- CE/26/2018
- R v Secretary of State for Work and Pensions (ESA)
-
Reasonable for tribunal not to adjourn ESA appeal to seek PIP evidence, and not to refer to PIP award in its reasons
- [2018] UKUT 194 (AAC)
- CSE/66/2018
- MH v Secretary of State for Work and Pensions (ESA)
-
Tribunal put on notice to seek ESA claim history by evidence that a longstanding health condition had not changed
- [2018] UKUT 94 (AAC)
- CE/3887/2016
- DL v Secretary of State for Work and Pensions (ESA)
-
Duty of Secretary of State to provide relevant evidence from PIP award for ESA appeal / reasonable for tribunal not to make own decision to adjourn if experienced representative has not requested it
- [2017] UKUT 413 (AAC)
- CE/1674/2017
- AG v Secretary of State for Work and Pensions (ESA)
-
Claimant’s refusal to give consent to disclosure of medical records may make it difficult to evidentially make out their case
- [2017] UKUT 304 (AAC)
- CE/884/2017
- AP v Secretary of State for Work and Pensions (ESA)
-
Circumstances in which a tribunal is obliged to consider adjourning an ESA appeal in order to obtain evidence relating to a PIP decision
- [2017] UKUT 20 (AAC)
- CE/2314/2016
- JB v Secretary of State for Work and Pensions (ESA)
-
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)
- Tribunal’s duties in ESA appeals where copies of previous decisions and medical reports not provided
- [2015] UKUT 706 (AAC)
- CSE/435/2013
- JC v Secretary of State for Work and Pensions (ESA)
-
Duties of a First-tier tribunal when previous medical reports and tribunal decisions are not provided or the tribunal are unaware of them
- [2015] UKUT 670 (AAC)
- Reported as [2016] AACR 24
- CSE/19/2014
- FN v Secretary of State for Work and Pensions
-
Tribunal erred in not taking account of evidence relating to award of the DLA higher rate mobility component in determining her ESA appeal
- [2015] UKUT 358 (AAC)
- CE/3630/2014
- EB v Secretary of State for Work and Pensions (ESA)
-
Potential relevance of evidence that a claimant has been granted ill-health retirement from the public sector in relation to regulation 29
- [2014] UKUT 131 (AAC)
- CE/2964/2013
- LD v Secretary of State for Work and Pensions
- Regulation 29 / content and timing of Med 3
- [2014] UKUT 77 (AAC)
- CE/2286/2013
- RU v Secretary of State for Work and Pensions (ESA)
-
Duty to apply ‘reasonable regularity’ test / regulation 29 / tribunal’s observations of claimant
- [2014] UKUT 41 (AAC)
- CE/2831/2013
- DB v Secretary of State for Work and Pensions (ESA)
-
Wrong inferences by tribunal about GP’s evidence; panic attacks can result in altered consciousness; whether wheelchair can be reasonably used to mobilise is more than a purely functional test
- [2013] UKUT 504 (AAC)
- CE/869/2013
- BG v Secretary of State for Work and Pensions (ESA)
-
Tribunal erred by deciding ESA appeal without considering DLA papers, and not properly assessing whether claimant could use a wheelchair
- [2013] UKUT 447 (AAC)
- CE/108/2013
- MI v Secretary of State for Work and Pensions (ESA)
- Need for medical evidence to establish uncontrollable or uncontrolled disease
- [2013] UKUT 271 (AAC)
- CE/3334/2012
- GC v Secretary of State for Work and Pensions (ESA)
-
Evidence of physiotherapist carrying out WCA assessment for claimant with mental health problems has no probative value
- [2013] UKUT 269 (AAC)
- CE/3883/2012
- JH v Secretary of State for Work and Pensions (ESA)
-
Failure of tribunal to properly consider medical evidence / bias in favour of healthcare professional
- [2013] UKUT 219 (AAC)
- CE/2419/2012
- JC v Secretary of State for Work and Pensions (ESA)
- Tribunal wrong to uphold disputed WCA decision on grounds that medical examiner was ‘experienced’
- [2012] UKUT 256 (AAC)
- CE/2894/2011
- JW v Secretary of State for Work and Pensions
-
Whether necessary to take into account claimant’s ability to repeatedly carry out an activity / need for tribunal to obtain evidence of basis of DLA mobility component award
- [2011] UKUT 61 (AAC)
- CE/1992/2010
- AF v Secretary of State for Work and Pensions
-
Use of medical evidence obtained in connection with one benefit in support of claim for a different benefit
- [2009] UKUT 208 (AAC)
- CIB/1639/2009
- LD v Secretary of State for Work and Pensions (ESA)