Your Rights and Options
If you disagree with a UWV decision, you have the right to file an objection. The objection period is in most cases 6 weeks from the date of the decision. In some cases, a shorter period of 2 weeks applies — always carefully check the letter you received from the UWV.
The objection is handled by a different UWV department than the one that took the original decision. In most cases, you will be invited to a hearing where you can orally explain your situation. This is an important moment: the hearing gives you the opportunity to provide additional information and respond to 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 properly substantiated. In appeal, you can also request an independent medical or occupational expertise.
An appeal against the court’s decision can be lodged with the Central Appeals Tribunal (Centrale Raad van Beroep – CRvB). This is the highest court for social security matters in the Netherlands.
Common Mistakes Made by the UWV
The UWV frequently makes errors when assessing benefit applications. The most common mistakes are:
The insurance physician spends insufficient time during the consultation and misses important complaints
Information from the treating specialist is not or insufficiently considered in the assessment
Mental health complaints (depression, PTSD, anxiety, chronic fatigue) are underestimated or not recognised
The labour expert selects functions that do not match the established limitations
The capacity for sustained work is not taken into account: you may be able to do something briefly but not a full working day
The decision’s reasoning 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 successful, the UWV must reimburse (part of) your legal costs. Additionally, you may be eligible for subsidised legal aid (toevoeging) through the Legal Aid Board (Raad voor Rechtsbijstand). In that case, you only pay a personal contribution depending on your income — as low as €188 for lowest incomes.
At Arslan Advocaten, we always assess whether you qualify for legal aid. We believe everyone has the right to legal support, regardless of income.
Why Arslan & Arslan Advocaten?
Our lawyers have many years of experience with UWV procedures. We litigate daily against the UWV in objections, appeals, and higher appeals. 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 close by. Contact us today for a free consultation without obligation.
When Can You Request an UWV Expert Opinion?
An expert opinion (deskundigenoordeel) is a valuable tool when you doubt the correctness of the UWV’s assessment regarding your disability or functional limitations. Typically, you can request an expert opinion during the objection phase after receiving the UWV’s initial decision. The expert opinion involves an independent medical or occupational expert reviewing the UWV’s findings and providing an impartial evaluation.
This expert’s report may highlight errors or overlooked information in the UWV’s assessment, strengthening your objection or appeal. In some situations, a request for an expert opinion can also be made during the appeal process before the administrative court. It is important to act promptly and request this expert assessment within the deadlines set by the UWV or the court.
At Arslan Advocaten, we guide you through the timing and procedure to ensure your request for an expert opinion is submitted correctly and on time.
How Does the Expert Opinion Process Work?
Once you request an expert opinion, the UWV will appoint an independent expert to review your case. This expert will carefully study your file, including medical records, specialist reports, and any other relevant documents. They may also conduct an additional examination or interview to gather further information.
The expert then prepares a detailed report outlining their findings and conclusions. This report is shared with both you and the UWV and forms an important part of the reconsideration of your case.
It is crucial to understand that the expert opinion is advisory, meaning the UWV is not legally bound to follow its conclusions. However, in practice, a well-founded expert opinion can significantly increase your chances of a successful objection or appeal.
Our legal team at Arslan Advocaten works closely with independent medical and occupational experts to ensure that your expert opinion is comprehensive, accurate, and aligned with your interests.
Tips to Prepare for Your UWV Hearing or Appeal
When you file an objection and are invited to a hearing, preparation is key to presenting your case effectively. Here are some important tips:
Gather Relevant Documentation: Collect all medical reports, specialist letters, treatment records, and any assessments that support your claim.Note Your Symptoms and Limitations: Keep a diary or summary of how your condition affects your daily life and work capacity. This can provide the hearing officer or judge with a clearer understanding of your challenges.Be Honest and Clear: During the hearing, explain your situation openly and answer questions as clearly as possible. Avoid minimising your complaints or exaggerating your limitations.Consult a Lawyer: Having a specialised lawyer represent you can make a significant difference. They understand the legal procedures and can help you respond effectively to UWV questions and expert reports.
Preparing well for your hearing or appeal can strengthen your case and increase the likelihood of a positive outcome.
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 the letter from the UWV.
Does having a lawyer for UWV matters cost me money?
If the objection is successful, the UWV reimburses your costs. Also, you may be eligible 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, occupational expert reports, and administrative law procedures.
Related Articles
