Against the ruling of the court, a further appeal is possible at the Central Appeals Tribunal (Centrale Raad van Beroep – CRvB). This is the highest court for social security cases in the Netherlands.
Common Errors Made by the UWV
The UWV frequently makes mistakes when assessing benefit applications. The most common errors are:
The insurance physician spends insufficient time during consultations, missing significant 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 unrecognised
The labour expert selects functions that are not suitable for the established limitations
The duration capacity is not taken into account: you might manage short tasks but not a full working day
The motivation 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 expenses. Additionally, you may qualify for subsidised legal aid (toevoeging) via the Legal Aid Board. In that case, you only pay a personal contribution dependent on your income — for the lowest incomes as little as €188.
At Arslan Advocaten, we always assess whether you qualify for legal aid. We believe everyone has the right to legal assistance regardless of income.
Why Choose Arslan & Arslan Advocaten?
Our lawyers have years of experience with UWV procedures. We litigate daily against the UWV in objections, appeals, and higher appeals. We cooperate with independent medical advisors 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.
When Can You Request a WIA Reassessment?
The UWV may initiate a reassessment of your WIA benefit under certain circumstances, but you can also proactively request one if your situation changes. Common reasons to ask for a reassessment include:
Your health has improved and you believe you are able to work more than previously assessed
Your health has deteriorated, and you require additional support or a different benefit classification
You have new medical information or treatment outcomes that were not available during the initial assessment
You have returned to work partially and want to adjust your benefit accordingly
It is important to note that the UWV can also initiate a reassessment if it suspects your condition has changed. However, by requesting a reassessment yourself, you can take control of the process and ensure your situation is accurately evaluated.
How to Prepare for a WIA Reassessment Request
Preparation is key when requesting a WIA reassessment. The UWV requires detailed and up-to-date information to make an informed decision. Here are some practical steps to prepare:
Gather Medical Documentation: Collect recent medical reports, treatment summaries, and any new specialist opinions that support your claim of changed capacity.Document Work Capacity: Keep a detailed record of your daily activities, limitations, and any work you have been able to perform since the last assessment.Consult Your Treating Physician: Discuss your intention to request a reassessment with your doctor or specialist. Their support and medical evidence will be crucial.Understand Your Rights: Familiarise yourself with the procedural rules and timelines related to reassessments and objections to avoid missing deadlines.Seek Legal Advice Early: A lawyer specialised in social security law can guide you through the process, help gather necessary evidence, and represent you if you need to file an objection or appeal.
Proper preparation increases your chances of a successful reassessment and ensures the UWV fully considers your current situation.
What Happens After You Request a Reassessment?
Once you submit a request for reassessment, the UWV will review your file and determine whether a new assessment is justified. The process typically involves the following steps:
Initial Review: The UWV evaluates your request and supporting documents to decide if a reassessment is warranted.Medical Examination: You will usually be invited to see an insurance physician and possibly a labour expert to assess your current capacity to work.Decision: Based on the updated information, the UWV will issue a decision either confirming, increasing, decreasing, or terminating your WIA benefit.Notification: You will receive a written decision explaining the outcome and the reasons behind it.
If you disagree with the reassessment decision, the objection and appeal procedures described earlier apply. It is essential to act promptly and seek legal assistance to protect your rights.
Tips for Communicating with the UWV
Effective communication with the UWV can make a significant difference in your reassessment process. Here are some tips to keep in mind:
Be Honest and Thorough: Provide accurate and complete information about your health and work capacity.Keep Copies: Always keep copies of all correspondence and documentation sent to or received from the UWV.Meet Deadlines: Respond promptly to UWV requests and respect objection and appeal deadlines.Use Clear Language: Avoid medical jargon when possible; explain how your health affects your ability to work in everyday terms.Request Assistance: Don’t hesitate to ask for help from your lawyer or support organisations if you find the process overwhelming.
Good communication helps prevent misunderstandings and strengthens your position during the reassessment and any subsequent procedures.
Frequently Asked Questions
How much time do I have to file an objection?
In most cases, six weeks after the decision date. Sometimes a shorter period of two weeks applies. Always check the UWV letter.
Does it cost me money to hire a lawyer for UWV matters?
If the objection is justified, the UWV reimburses your costs. You may also 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 evaluations, occupational expert reports, and administrative legal procedures.
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