Are you facing long-term incapacity for work and wondering if you are entitled to an IVA or WGA benefit? The difference between these WIA benefits not only affects your financial security but also your chances of reintegration. In this article, you will discover which benefit suits your situation and what it means for you.
Your rights and options
If you disagree with a decision by the UWV, you have the right to file an objection. The objection period is in most cases 6 weeks after the date of the decision. In some cases, a shorter period of 2 weeks applies — always check this carefully in the letter you received from the UWV.
The objection is handled by a different department of the UWV than the one that made the original decision. In most cases, you will be invited to a hearing where you can explain your situation orally. This is an important moment: the hearing gives you the opportunity to provide additional information and answer questions.
If your objection is rejected, you can appeal to the administrative court (district court). The judge reviews whether the UWV acted with due care and whether the decision is based on a sound reasoning. In the appeal, you can also request an independent medical or labour expert assessment.
An appeal against the court’s ruling can be brought before the Central Appeals Tribunal (CRvB). This is the highest court for social security matters in the Netherlands.
Common mistakes made by the UWV
The UWV regularly makes mistakes when assessing benefit applications. The most common errors are:
- The insurance physician spends insufficient time at the consultation and therefore misses important complaints
- Information from the treating specialist is not or insufficiently taken into account in the assessment
- Psychological complaints (depression, PTSD, anxiety, chronic fatigue) are underestimated or not recognised
- The labour expert selects functions that do not correspond with the established limitations
- The duration capacity is not taken into account: you may be able to do something briefly, but not for a full working day
- The reasoning of the decision is insufficient: the UWV does not explain why certain limitations were not adopted
An experienced lawyer recognises these errors and knows how to effectively challenge them.
Costs and subsidised legal aid
If an objection or appeal is well-founded, the UWV must reimburse (part of) your legal costs. Additionally, you may qualify for subsidised legal aid (toevoeging) through the Legal Aid Board. In that case, you only pay a personal contribution which depends on your income — for the lowest incomes, this is only €188.
At Arslan Advocaten, we always assess whether you qualify for a toevoeging. We believe that everyone has the right to legal assistance, regardless of income.
Why choose Arslan & Arslan Advocaten?
Our lawyers have many years of experience with UWV procedures. We litigate daily against the UWV in objection, appeal, and higher appeal. We collaborate with independent medical advisors and labour experts to make your case as strong as possible.
With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg, we are always nearby. Contact us today without obligation for a free consultation.
Understanding the IVA Benefit: Full and Sustainable Incapacity
The IVA (Inkomensvoorziening Volledig en Duurzaam Arbeidsongeschikten) benefit is intended for individuals who are fully and sustainably incapacitated for work, meaning there is little to no chance of recovery or reintegration into the labor market. To qualify for the IVA, you generally must be assessed as having a residual earning capacity of less than 20% after two years of sickness benefit (the WIA assessment period).
One of the key characteristics of the IVA is that it is a permanent benefit with a fixed income level, which corresponds to approximately 75% of your last earned wage. This benefit offers financial security without the obligation to seek work or participate in reintegration activities, recognizing that your condition is unlikely to improve.
Applying for the IVA requires thorough medical documentation and assessments. It is important to provide comprehensive information from your treating physicians and specialists. The UWV’s insurance physician will evaluate your condition, and the labour expert will determine your work capacity and potential for reintegration.
Because the IVA benefit is tailored for those with severe and permanent limitations, it is crucial to understand the strict eligibility criteria and to seek legal advice if your application is denied or if you believe the UWV has underrated your disability.
Understanding the WGA Benefit: Partial Incapacity and Reintegration
The WGA (Werkhervatting Gedeeltelijk Arbeidsgeschikten) benefit is designed for individuals who are partially incapacitated for work but still have some residual earning capacity. Unlike the IVA, the WGA encourages reintegration into the labour market. The benefit amount and duration depend on the degree of incapacity and your efforts to find suitable work.
If you are eligible for the WGA, the UWV will assess what kind of work you can perform and for how many hours per week. Based on these findings, the benefit will be calculated as a percentage of your previous income, reflecting your reduced capacity.
The WGA benefit is not permanent; it is linked to your ability to work, and you are expected to make reasonable efforts to return to work. This may involve participating in reintegration programs or accepting adapted roles that match your capabilities. Failure to actively seek work or participate in reintegration can affect your benefit entitlement.
Because the WGA involves ongoing assessments and the possibility of changing benefits depending on your health and work status, it is important to understand your rights and obligations clearly. Legal support can help you navigate these requirements and ensure your case is presented accurately to the UWV.
How to Prepare for Your UWV Assessment
The UWV assessment is a critical step in determining your entitlement to IVA or WGA benefits. Preparing well can make a significant difference in the outcome. First, gather all relevant medical documentation, including reports from your general practitioner, specialists, psychologists, and therapists. Ensure these documents clearly outline your diagnosis, treatment history, and functional limitations.
During the insurance physician consultation, be honest and detailed about your symptoms and how they impact your daily life and work capacity. Avoid minimizing or exaggerating your condition. If you have psychological complaints, make sure these are properly communicated, as these are sometimes underestimated by the UWV.
It is also helpful to prepare a personal statement describing your work history, current limitations, and efforts to reintegrate if applicable. If you have undergone any vocational rehabilitation or retraining, include this information.
Consider seeking legal advice before the assessment. A lawyer experienced in UWV cases can help you understand the process, advise on documentation, and possibly accompany you to the hearing. This support can increase the chances of a fair and accurate assessment.
Frequently Asked Questions
How much time do I have to file an objection?
In most cases, 6 weeks after the date of the decision. Sometimes a shorter period of 2 weeks applies. Always check this in the letter from the UWV.
Does a lawyer cost me money in UWV cases?
If the objection is well-founded, the UWV reimburses your costs. Additionally, you may qualify for subsidised legal aid (toevoeging), where you only pay a small personal contribution.
Can I file an objection myself without a lawyer?
Yes, but a specialised lawyer significantly increases your chances. UWV cases are complex and require knowledge of medical assessments, labour expert reports, and administrative law procedures.
Related articles
- Administrative Law – Arslan Advocaten
- WIA Benefit Denied: Filing an Objection
- WIA Assessment by the UWV
- UWV Wage Sanction
- Applying for Unemployment Benefits
- Contact Us for Free Advice
