ED -v- Department for Social Development (DLA) ((Not Applicable))

For the reasons I give below, I allow the appeal. Under Article 15(8)(b) of the Social Security (NI) Order 1998 I set aside the decision of the appeal tribunal and I direct that the appeal shall be determined by a newly constituted tribunal.

The appellant claimed disability living allowance (DLA) from the Department for Social Development (the Department) from 5 March 2013 on the basis of needs arising from depression, anxiety, panic attacks, high blood pressure, hypertension and low back pain. The Department obtained two reports from the appellant�s general practitioner (GP). On 14 May 2013 the Department decided on the basis of all the evidence that the appellant did not satisfy the conditions of entitlement to DLA. The appellant appealed.

The appeal was considered by a tribunal consisting of a legally qualified member (LQM), a medically qualified member and a disability qualified member. The tribunal disallowed the appeal. The appellant then requested a statement of reasons for the tribunal�s decision and this was issued on 11 March 2014. The appellant applied to the LQM for leave to appeal from the decision of the appeal tribunal but leave to appeal was refused by a determination issued on 23 April 2014. On 22 May 2014 the appellant applied to a Social Security Commissioner for leave to appeal.

(i) the tribunal made a wrong decision which was contrary to the evidence before it;

(iv) the appellant�s condition affects sleep, mental well-being and memory and gives rise to support needs.