You may further appeal the court’s decision to the Central Appeals Tribunal (CRvB), the highest court for social security matters in the Netherlands.
Common Errors Made by the UWV
The UWV frequently makes mistakes in assessing benefit applications. The most common errors are:
The insurance physician spends insufficient time in consultation, missing important complaints
Information from the treating specialist is not or insufficiently considered in the assessment
Mental health issues (depression, PTSD, anxiety, chronic fatigue) are underestimated or unrecognised
The labour expert selects roles that do not align with the established limitations
The assessment does not take into account sustainable work capacity: you may be able to do something briefly, but not a full working day
The reasoning of the decision is inadequate: the UWV does not explain why certain limitations were disregarded
An experienced lawyer recognises these errors and knows how to effectively challenge them.
Costs and Subsidised Legal Assistance
If an objection or appeal is successful, the UWV must reimburse (part of) your legal costs . Additionally, you may qualify for subsidised legal aid (legal aid grant) via the Legal Aid Board. In that case, you pay only a personal contribution, which depends on your income — as little as €188 for the lowest incomes.
At Arslan Advocaten, we always assess whether you qualify for a legal aid grant. We believe everyone has a 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 objections, appeals and further appeal. We collaborate with independent medical advisers and labour experts to strengthen your case as much as possible.
With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg, we are always nearby. Contact us today for a free consultation without obligation.
Understanding the UWV Disability Assessment Process
The UWV disability assessment process is a crucial step in determining your eligibility for social security benefits such as WIA (Work and Income Act). This process involves a comprehensive evaluation of your health condition, functional limitations, and ability to work. Understanding how the UWV conducts these assessments helps you prepare and identify potential areas where the evaluation may be flawed.
Initially, the UWV assigns an insurance physician who reviews your medical file and may invite you for a medical examination. This physician assesses your physical and mental impairments. Subsequently, a labour expert evaluates how these impairments affect your capacity to perform work tasks, considering your skills and the current job market.
It is important to provide all relevant medical documentation and to be honest and thorough during interviews. Sometimes, the UWV may not have access to all specialist reports, so proactive communication and submission of evidence can influence the outcome positively.
How to Prepare an Effective Objection
Filing an objection against the UWV’s disability percentage requires careful preparation. Start by thoroughly reviewing the decision letter and the reasons provided for the percentage assigned. Compare this with your medical records and any reports from your treating physicians.
Gather additional evidence that supports your claim, such as updated medical reports, statements from specialists, or testimonies from occupational therapists. If mental health issues are involved, consider getting an expert opinion that highlights how these conditions impact your work ability.
During the objection hearing, clearly articulate how your limitations affect your daily functioning and work capacity. Be honest but detailed. If possible, have your lawyer accompany you to help present your case and respond to UWV’s questions effectively.
Remember, the goal of the objection is not just to disagree with the decision, but to demonstrate that the disability percentage does not accurately reflect your actual situation.
The Role of Medical and Labour Experts in UWV Appeals
In appeals against UWV decisions, independent medical and labour experts play a pivotal role. These experts provide impartial assessments that can either support or challenge the UWV’s findings. Requesting an independent expert assessment is a strategic step often recommended during the appeal stage.
An independent medical expert will conduct a thorough physical and psychological examination to provide a detailed report on your health and functional limitations. Similarly, a labour expert evaluates your sustainable work capacity, identifying suitable job roles aligned with your restrictions.
The reports from these independent experts are submitted to the administrative court and can significantly influence the judge’s decision. At Arslan Advocaten, we work closely with trusted independent experts to ensure that your case presents the strongest possible evidence.
Frequently Asked Questions
How much time do I have to file an objection?
Usually six weeks from the date of the decision. Sometimes a shorter deadline of two weeks applies. Always check your UWV letter carefully.
Does hiring a lawyer for UWV cases cost me money?
If your objection is upheld, the UWV reimburses your costs. You may also qualify for subsidised legal aid (legal aid grant), where you only pay a small personal contribution.
Can I file an objection without a lawyer?
Yes, but a specialised lawyer significantly increases your chances. UWV cases are complex, requiring knowledge of medical assessments, labour expert reports and administrative law procedures.
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