Have you received a decision from the UWV with which you disagree? It is important to file an objection promptly within the statutory deadlines. In this article, you will find a clear explanation of how to navigate the objection procedure and which steps you need to take to protect your interests.
Your Rights and Options
If you disagree with a decision made by the UWV, you have the right to file an objection. The objection period is, in most cases, six weeks, counted from the day after the decision was notified. In some cases, a shorter period of two 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 instances, you will be invited to a hearing where you can verbally explain your situation. This is an important moment: the hearing offers you the opportunity to submit additional information and answer questions.
If your objection is rejected, you can appeal to the administrative court (district court). The judge examines whether the UWV acted carefully and whether the decision is based on a proper justification. During appeal, you may ask the court for an independent medical or occupational expert assessment.
An appeal against the court’s judgment can be lodged with the Central Appeals Tribunal (CRvB). This is the highest court for social security cases in the Netherlands.
Common Mistakes Made by the UWV
In objection cases, the following problems in the assessment of benefit applications can occur, among others:
- The insurance doctor spends insufficient time during the consultation and consequently misses important complaints
- Information from the treating specialist is not or insufficiently considered in the assessment
- Psychological complaints (depression, PTSD, anxiety, chronic fatigue) are underestimated or unrecognised
- The occupational expert selects roles that do not correspond with the determined limitations
- No account is taken of sustainable work capacity: you may be able to perform tasks briefly, but not for a full workday
- The reasoning of the decision is insufficient: 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
Objecting to UWV is free. Reimbursement of legal costs in the objection phase is not automatic: you must request it before UWV decides on your objection, and UWV only reimburses if the decision is revoked because of an unlawfulness attributable to UWV (article 7:15 Awb). The reimbursement is a fixed amount per procedural step. On appeal, the court can award costs and order the court fee to be refunded if the appeal is upheld. Depending on your income and assets, you may be eligible for subsidised legal aid (a ’toevoeging’) through the Legal Aid Board. You then pay a personal contribution; other costs, such as the court fee or an expert, may remain for your account.
At Arslan Advocaten, we always assess whether you qualify for subsidised legal assistance. We believe everyone is entitled to legal help, regardless of income.
Why Choose Arslan Advocaten?
Our lawyers have many years of experience with UWV procedures. We litigate daily against the UWV in objection, appeal, and further appeal stages. We collaborate with independent medical advisors and occupational 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.
Preparing Your Objection: Practical Tips
When preparing your objection, it is crucial to gather all relevant documentation to support your case. This includes medical reports from your general practitioner and specialists, employment records, and any correspondence you have had with the UWV. Detailed documentation strengthens your objection and increases the chance of a favourable outcome.
It is also essential to clearly explain why you disagree with the UWV’s decision. Focus on specific points where you believe the UWV’s assessment was incorrect or incomplete. For example, if the UWV did not consider certain medical evidence or misinterpreted your functional limitations, highlight these issues explicitly.
Remember, the UWV’s decision letters often contain complex terminology and legal references. If you find it difficult to understand these, seek legal advice early. Our lawyers can help translate the legal jargon into plain language and guide you step-by-step through the objection process.
The Importance of Medical and Occupational Expert Opinions
In many UWV cases, medical and occupational expert opinions play a pivotal role. The UWV relies heavily on assessments by insurance doctors and labour experts to determine your work capacity and eligibility for benefits. However, these assessments might not always reflect your actual limitations or health condition.
Requesting an independent expert opinion can be a powerful tool to support your objection or appeal. Independent experts can provide an objective evaluation of your situation and highlight discrepancies in the UWV’s assessment. This expert evidence carries significant weight during hearings and court proceedings.
At Arslan Advocaten, we work closely with trusted medical and occupational experts who understand the complexities of UWV cases. They provide thorough assessments tailored to your circumstances, ensuring your case is presented as convincingly as possible.
Understanding the Hearing Process
Once you have submitted your objection, the UWV usually schedules a hearing. This hearing is your opportunity to present your case verbally and clarify any uncertainties in your written objection. It is important to prepare carefully for this hearing.
During the hearing, you may be questioned by representatives of the UWV objection department. They may ask for additional details about your medical condition, work history, and daily limitations. Be honest and precise in your answers, but also do not hesitate to mention any inconsistencies or errors in the UWV’s prior assessment.
If you feel uncertain about attending the hearing alone, you can be accompanied by a lawyer or a trusted representative. Legal professionals can help you articulate your points clearly and ensure that your rights are fully respected throughout the process.
Frequently Asked Questions
How much time do I have to file an objection?
In most cases, six weeks, counted from the day after the decision was notified. Sometimes a shorter period of two weeks applies. Always check your UWV letter.
Does hiring a lawyer for UWV cases cost me money?
That depends on your situation. Objecting is free, but legal assistance is not. UWV only reimburses costs in the objection phase if you request this before the decision and the decision is revoked because of an error by UWV. With subsidised legal aid you pay a personal contribution that depends on your income; other costs may remain for your account.
Can I file an objection myself without a lawyer?
Yes. A lawyer is not required, but a specialised lawyer can help you substantiate your file and grounds. UWV cases are complex and require knowledge of medical assessments, occupational reports, and administrative law procedures.
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