D McF v. Secretary Of State For Work And Pensions [2010] ScotCS CSIH_26 (30 March 2010)

D McF v. Secretary Of State For Work And Pensions [2010] ScotCS CSIH_26 (30 March 2010)

There was no evidence at the relevant date that the applicant suffered from a specific mental illness or disablement; therefore, no mental health descriptor points could be allocated. The Tribunal's factual determination was supported by the evidence, and there was no error of law in its or the Commissioner's decision.

Citation
[2010] ScotCS CSIH_26
Parties
Applicant: D McF; Respondent: Secretary Of State For Work And Pensions
Jurisdiction
Scotland
Judgment Date
30 March 2010
Procedural Posture
Application for Leave to Appeal / Court of Session (inner House, Extra Division) – Application for Leave to Appeal From Social Security Commissioner
Outcome
Leave to appeal refused
Legal Topics
Incapacity for Work, National Insurance Credits, Personal Capability Assessment, Mental Health Descriptors, Appeals Process, Error of Law
Social Security Law Administrative Law Incapacity for Work National Insurance Credits Personal Capability Assessment Mental Health Descriptors Appeals Process Error of Law

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Parties

D McF

Applicant

Secretary Of State For Work And Pensions

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Session (inner House, Extra Division) – Application for Leave to Appeal From Social Security Commissioner

Legal Issues

  1. 1 Whether the Tribunal and Commissioner erred in law by refusing mental health descriptor points on the basis that the applicant's mental problems stemmed from her physical condition
  2. 2 Whether there was evidence of a specific mental illness or disablement at the relevant date to justify allocation of mental health descriptor points

Ratio Decidendi

There was no evidence at the relevant date that the applicant suffered from a specific mental illness or disablement; therefore, no mental health descriptor points could be allocated. The Tribunal's factual determination was supported by the evidence, and there was no error of law in its or the Commissioner's decision.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal is refused.