Hi I have a question that I need clarification on and thought I would try here.A bit of background I have been lucky enough not to be sick from work for the last 43 years for more than the odd day. I have had COPD for the last 7 years and slowly this has made my working day harder. I have a labour intensive job. In early April I went to see the doctor as I was not able to carry out my daily duties at work without severe discomfort and breathig problems. this continues still. However I was told to attend a medical on 15th May, the results and verdict state that "I have no limited capability for work" and my ESA will not be paid from 28th June.It states if I make a VALID claim against the decision within 1 month they will consider paying ESA at the assessment rate untill the decision of any appeal.Firstly what constitutes a valid appeal.What is an assessment rate.The ammount I recieved before the decision was £141.?? for2 weeks

It has to relate to the descriptors. So, you can't write "I am appealing because my GP believes I'm too ill to work". You need to write how you meet the criteria. For example, there's criteria about mobilising. So, you could write that mobilising leaves you short of breath.

You must be able to repeat the activity with no problem. So, if you can mobilise once a week without it affecting you, it's reasonable to just suggest you can't.

Lung diseases and the descriptors don't always like to marry up. Have you had a spirometry to assess the state of your lungs? COPD is a catch-all umbrella term, do you know what you're actually suffering with? Mobility and repetition are the two things you'll have the most problems with...

The assessment rate is the rate you're currently on - if you are found to have limited capability for work at appeal, you'll get a higher weekly amount.

To be valid, an appeal must be on form GL24 or instead you can write a letter. If you write a letter you should use the word "appeal" and in both cases it must be clear which decision is being appealed. You should give a basic outline of your reasons for appealing, and you must sign and date the form or letter.