[2025] UKUT 326 (AAC)

This appeal highlights the danger of a tribunal drawing inferences from evidence of the medical treatment that a claimant has received (or has not received) as to the degree of a claimant’s likely symptoms and any consequent functional limitations.

The Upper Tribunal says that while the drawing of such inferences will not always be impermissible, a tribunal relying on such inferences would be wise to direct itself as to the risks associated with doing so, and to give a careful explanation of its decision making in that regard.