Anxiety and depression
Anxiety is a feeling of unease, worry or fear, and can have both psychological and physical symptoms. The symptoms of depression can be complex and vary widely between people. But as a general rule, if you are depressed, you feel sad, hopeless and lose interest in things you used to enjoy. The symptoms persist for weeks or months and are bad enough to interfere with your work, social life and family life.
Note: Although disablement must be caused by a physical or mental health condition, it is the needs and difficulties that result which will determine entitlement rather than the condition itself. As a result, whilst the case law below may be of assistance, it will be important to also look at the case law relating to the activities and issues that affect you too.
Case law
Commentary: Whilst we don't yet have any commentary in relation to the case law items below, we'd love to hear from you if you'd like to contribute. Send us a suggestion and we’d be happy to incorporate it here. | Add commentary or suggest an edit.
-
Tribunal ‘perversely’ concluded that claimant with chronic fatigue could prepare a simple meal with an aid based on ability to get herself to and from work, and prepare a single vegetable when seated
- [2024] UKUT 381 (AAC)
- UA-2024-001023-PIP
- AE v Secretary of State for Work and Pensions (PIP)
-
Engaging with others requires an ability to engage with adults as well as children and young people / ability to communicate by text is not relevant to PIP activity 9
- [2018] UKUT 56 (AAC)
- CPIP/2034/2017
- HA v Secretary of State for Work and Pensions (PIP)
- Children may provide ‘prompting’ if their presence motivates a claimant to undertake PIP activities
- [2017] UKUT 502 (AAC)
- CPIP/2354/2017
- PM v Secretary of State for Work and Pensions (PIP)
-
Nature of investigation required when assessing an ability to read and understand written information
- [2017] UKUT 301 (AAC)
- CPIP/777/2016
- Secretary of State for Work and Pensions v SH (PIP)
-
Undertaking the whole task of preparing and cooking a meal for a claimant does not amount to ‘assistance’ with that activity
- [2017] UKUT 268 (AAC)
- CPIP/404/2017
- Secretary of State for Work and Pensions v GM (PIP)
-
Extra time choosing clothes on the basis of appearance can be relevant to the test for daily living activity 6
- [2017] UKUT 171 (AAC)
- CPIP/3760/2016
- ML v Secretary of State for Work and Pensions (PIP)
-
Relevance of ESA case law on social engagement to PIP activity 9 / engaging socially does not require an ability to establish and develop friendships
- [2016] UKUT 573 (AAC)
- CPIP/2346/2016
- LS v Secretary of State for Work and Pensions (PIP)
- Activity 9 refers to a claimant’s ability to engage in ‘social situations’
- [2016] UKUT 543 (AAC)
- CPIP/2685/2016
- SF v Secretary of State for Work and Pensions (PIP)
-
Whether daily visits to the pub indicate an ability to engage with other people for the majority of the time
- [2016] UKUT 487 (AAC)
- CPIP/2523/2016
- HJ v Secretary of State for Work and Pensions (PIP)
- Microwave is not an ‘aid or appliance’ for cooking / Definition of ‘simple meal’ in activity 1
- [2016] UKUT 322 (AAC)
- CPIP/190/2016
- AI v Secretary of State for Work and Pensions (PIP)
-
Meaning of ‘prompting’ and ‘social support’ in activity 9 / ‘Therapy’ in activity 3 needs to have a close link to treating or helping to cure an existing medical condition
- [2016] UKUT 276 (AAC)
- CPIP/3401/2015
- AH v Secretary of State for Work and Pensions (PIP)
-
Descriptors including a ‘need’ for an aid or appliance, prompting, supervision or assistance, incorporate requirement to assess reasonableness of that need
- [2016] UKUT 250 (AAC)
- CPIP/1534/2015
- MB v Secretary of State for Work and Pensions (PIP)
-
Claimant may be able to establish a need for prompting even if able to perform a specific task when there is impetus to do so
- [2016] UKUT 194 (AAC)
- CPIP/181/2016
- GG v Secretary of State for Work and Pensions (PIP)
- Proper meaning of ‘prompting’ and ‘social support’ in activity 9
- [2016] UKUT 191 (AAC)
- CSPIP/35/2016
- Secretary of State for Work and Pensions v MMcK
- Social support can be provided by family and friends for the purposes of descriptor 9(c)
- [2016] UKUT 147 (AAC)
- CPIP/3603/2015
- SL v Secretary of State for Work and Pensions
-
Anxiety may be the sole cause of verbal communication difficulties for the purposes of activity 7 albeit rarely / Meaning of ‘complex’ verbal or written information
- [2016] UKUT 8 (AAC)
- CPIP/2301/2015
- GJ v Secretary of State for Work and Pensions
-
Tribunal erred by relying on its observations of the claimant’s communication skills without informing him
- [2015] UKUT 692 (AAC)
- CPIP/2433/2015
- ID v Secretary of State for Work and Pensions
-
Social support does not need to be given at time claimant engages with other people / Tribunal wrong to concentrate on PIP eligibility at date of decision rather than during required period of 12 months
- [2015] UKUT 584 (AAC)
- CPIP/1984/2015
- PR v Secretary of State for Work and Pensions