FD v Department for Social Development (PIP) ((Not Applicable))

The decision of the appeal tribunal dated 28 March 2017 is not in error of law. Accordingly, the appeal to the Social Security Commissioner does not succeed. The decision of the appeal tribunal to the effect that the appellant is not entitled to Personal Independence Payment (PIP) from and including 11 July 2016 is confirmed.

On 19 September 2016 a decision maker of the Department decided that the appellant was not entitled to PIP from and including 11 July 2016. Following a request to that effect, the decision dated 19 September 2016 was reconsidered on 4 November 2016 but was not changed. An appeal against the decision dated 19 September 2016 was received in the Department on 29 November 2016.

The appeal tribunal hearing took place on 28 March 2017. The appellant was present and was represented. There was no Departmental Presenting Officer present. The appeal tribunal disallowed the appeal and confirmed the decision dated 19 September 2016.

On 12 June 2017 an application for leave to appeal to the Social Security Commissioner was received in the Appeals Service (TAS). On 26 June 2017 the application for leave to appeal was refused by the Legally Qualified Panel Member.

On 5 July 2017 a further application for leave to appeal was received in the Office of the Social Security Commissioners. On 25 July 2017 observations on the application for leave to appeal were requested from Decision Making Services (DMS). In written observations dated 17 August 2017, Mr Donnelly, for DMS, opposed the application for leave to appeal. The written observations were shared with the appellant and her representative on 21 August 2017. There has been no further response from the appellant or her representative.