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………the term “engage socially” is not limited to such people (known to the appellant). Rather, a tribunal must consider a claimant’s ability to engage with people generally, and not just those people t
………the term “engage socially” is not limited to such people (known to the appellant). Rather, a tribunal must consider a claimant’s ability to engage with people generally, and not just those people they know well (HJ v SSWP [2016] UKUT 0487 (AAC)). The tribunal did not address whether the claimant’s ability to engage with those listed by it showed that he was able to engage with people generally, rather than just those whom he knew well. That, also, constituted an error of law.”
Following the limbs of the definition set out at paragraph 17 above , I am satisfied the FTT has failed in its inquisitorial duty to make sufficient findings of fact to determine whether the appellant was able to undertake this activity in a contextually and socially appropriate manner and had the ability to establish relationships independently and/or whether she may have needed prompting or social support in order to do so. The FTT failed to consider this issue in an appropriately holistic manner and axiomatically failed to make sufficient findings of fact on which to base its decision. As such I find the FTT to be in error of law on this ground.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enforc
- Factual background
- The appellant’s representative has advanced a number of grounds on which they argue the FTT is in error of law. These can be divided into 3 broad categories. The first relates to potential breach(es)
- The First-tier Tribunal’s decision
- The grounds of appeal and the parties’ submissions
- Analysis
- “ Her family are her main support, and they speak daily. She feels she gets nervous around people, her confidence is affected due to her physical issues. She has struggled with new and unfamiliar peop
- "… requires significant motivation and concentration. It is likely to involve having to deal with patients who are agitated. It is highly pressured. The ability to perform this job day in day out is i
- " The observations of the assessor and the nature of the job means the tribunal finds the appellant does not have a mental health condition that affects her ability to deal with other people...The app
- It is now widely accepted that the definition of "engage socially" in Part 1 of Schedule 1 to the Social Security (Personal Independence Payments) Regulations 2013 applies to daily living activity 9
- In my judgment it was incumbent on the tribunal to consider the claimant’s ability to satisfy the three components of the phrase “engage socially”, and to make adequate findings of fact as to the natu
- ………the term “engage socially” is not limited to such people (known to the appellant). Rather, a tribunal must consider a claimant’s ability to engage with people generally, and not just those people t
- Regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013
- "Reference is made to fibromyalgia and chronic pain syndrome. However, this does not prevent the appellant from carrying out the functions of receptionist..." (written reasons, para 51)
- “ The legislation envisages a claimant carrying out the descriptors in pain or discomfort. Parliament deliberately excluded pain or discomfort from the PIP legislation. Pain is not included in any of
- This was quoted with approval by Upper Tribunal Judge Markus KC in PS v SSWP [2016] UKUT 0326 (AAC) who went on to consider the relationship between acceptable standard, repeatedly and within a reason
- If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—
- Conclusions