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.
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