The High Court has upheld a decision refusing Disability Allowance to an anonymised young man, P, while finding that the Social Welfare Appeals Office breached its obligation to explain why it did not hold an oral hearing.
P applied for Disability Allowance in July 2024 when he was 16. His application relied on medical evidence concerning ADHD and associated difficulties with concentration, communication, organisation and daily living skills.
A Department medical assessor accepted the ADHD diagnosis but considered that P was not substantially restricted from suitable employment for the required period. The initial application was refused in August 2024 and a review was refused that October.
P appealed. His solicitor specifically requested an oral hearing, arguing there was a conflict in the medical evidence. No hearing took place and an Appeals Officer dismissed the appeal on June 18, 2025.
Before the High Court, P argued that the Appeals Officer had imposed too demanding a test by referring to evidence being “strongly supportive” and asking whether he was restricted from “all” suitable employment.
Mr Justice Nolan rejected that argument. Read as a whole, the decision correctly addressed the statutory test: whether P was substantially restricted from employment suited to his age, experience and qualifications for at least one year.
The court also rejected an argument that another medical assessor had to be consulted. No new medical evidence or opinion had been submitted as part of the appeal, so that requirement was not triggered.
The court further found that an oral hearing itself was unnecessary because there was no material conflict in the medical evidence.
However, the 2024 regulations required the Appeals Officer to give reasons after refusing a written request for a hearing. She had not done so. The court held that this was an error of law, but not one that caused or affected the substantive decision.
The requested order quashing the Disability Allowance refusal was therefore not granted. Final orders were listed for July 14, 2026.