expert opinion.
An appeal against the court’s ruling can be made to the Central Appeals Tribunal (CRvB). This is the highest court for social security matters in the Netherlands.
Common Mistakes Made by the UWV
The UWV regularly makes errors when assessing benefit applications. The most frequent mistakes are:
- The insurance physician spends insufficient time at the consultation and thus 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 not recognised
- The labour expert selects functions that do not match the established limitations
- No consideration is given to the duration of work capacity: you may be able to do something briefly, but not a full working day
- The reasoning 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 Assistance
If your objection or appeal is successful, the UWV must reimburse (part of) your legal costs. Additionally, you may be eligible for subsidised legal assistance (legal aid) via the Legal Aid Board. In that case, you only pay a personal contribution depending 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 Arslan & Arslan Advocaten?
Our lawyers have many years of experience with UWV procedures. We litigate daily against the UWV in objection, appeal, and cassation proceedings. We cooperate 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 without obligation for a free consultation.
Understanding the UWV Decision and Medical Assessments
When the UWV denies or discontinues your sickness benefit, the decision is usually based on medical assessments and labour expert reports. It is crucial to understand the reasoning behind these decisions to build a strong objection or appeal.
The insurance physician assesses your medical condition, but their evaluation can be brief and sometimes may not fully reflect your actual health issues or limitations. They may rely heavily on physical examinations and may overlook or underestimate psychological or less visible complaints.
Meanwhile, the labour expert evaluates your ability to perform certain work tasks based on the medical findings. However, mistakes can occur if the selected tasks do not align with your reported capabilities or if the expert fails to consider the cumulative impact of your condition over a full working day.
Therefore, it is important to gather comprehensive medical documentation from your treating specialists, including general practitioners, psychologists, or other relevant healthcare providers. This documentation should clearly state your diagnosis, prognosis, and any functional limitations you experience. Submitting this evidence during your objection or appeal can significantly strengthen your case.
How to Prepare a Strong Objection or Appeal
Filing an objection or appeal against a UWV decision requires careful preparation. It is essential to respond within the prescribed deadline and to present clear and factual arguments that demonstrate why the decision is incorrect or unfair.
Start by reviewing the decision letter thoroughly and noting the reasons given for refusal or discontinuation of your benefits. Gather all relevant medical reports, test results, and statements from your healthcare providers. If possible, obtain an independent medical or labour expert opinion to counter the UWV’s conclusions.
At the hearing, be honest and detailed when explaining your situation. Prepare to discuss how your illness affects your daily life and work capacity. You can also bring witnesses, such as family members or colleagues, who can corroborate your statements about your limitations.
Legal representation is highly recommended because lawyers experienced in UWV cases know how to highlight procedural errors, identify weaknesses in the UWV’s reasoning, and advise on the best strategy. They also communicate effectively with the UWV and the courts, increasing your chances of a successful outcome.
What Happens After a Successful Objection or Appeal?
If your objection or appeal is successful, the UWV will either grant you the sickness benefit or reinstate it. This means you will receive the financial support you are entitled to during your period of incapacity for work.
In some cases, the UWV may also be required to revise their decision for similar future cases or provide clearer explanations of their assessments. Your case can thus contribute to improving how the UWV handles sickness benefit claims.
Additionally, when your objection or appeal is upheld, the UWV must reimburse your legal costs, including lawyer fees, provided these costs are reasonable and directly related to your case. This reduces the financial burden of pursuing your rights.
It is important to continue cooperating with the UWV after a successful appeal. Keep them informed about any changes in your health or work capacity, and attend follow-up medical examinations if required. Staying proactive can help prevent future disputes or interruptions in your benefits.
Frequently Asked Questions
How much time do I have to file an objection?
Usually 6 weeks after the date of the decision. Sometimes a shorter period of 2 weeks applies. Always check the letter from the UWV.
Does a lawyer cost me money in UWV cases?
If your objection is successful, the UWV reimburses your costs. Additionally, you may qualify for subsidised legal assistance (legal aid), 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 chance of success. UWV cases are complex and require knowledge of medical assessments, labour expert reports, and administrative law procedures.
