LB v Secretary of State for Work and Pensions (PIP): [2025] UKUT 326 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 30 September 2025.
Read the full decision in .
Judicial Summary
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.
The appeal relates to a PIP claim, but the principles apply equally to other benefits. It confirms the decision of the Upper Tribunal (Judge Poynter) in MM v SSWP (ESA) [2018] UKUT 446 (AAC).