A decision by the UWV can have major consequences for your income, work, and future. Think of the refusal or termination of a WIA benefit, a rejection under the Sickness Benefits Act, the termination of an unemployment benefit, or the imposition of a wage sanction on your employer. In practice, it appears that a UWV decision is regularly unjustified or negligent has been made. Fortunately, you can file an objection and appeal against this. A specialized UWV lawyer can make the difference.
On this page, you can read in detail when you will have to deal with the UWV, which procedures are possible, why legal assistance is advisable, how objection and appeal work, which mistakes the UWV often makes, and what you can do concretely after a negative decision.
When will you have to deal with the UWV?
The UWV is responsible for implementing various employee insurance schemes. You will encounter the UWV, among other things, in the following situations:
- Sickness Benefits Act (ZW): when you are ill and no longer have an employer.
- WIA (IVA or WGA): in case of incapacity for work lasting longer than two years.
- WW: in case of unemployment.
- WAO: for older incapacity for work cases.
- Wage sanction: when the UWV finds that your employer has not made sufficient reintegration efforts.
A negative decision by the UWV can mean that you are (temporarily) left without income or that your employer is financially affected. That is precisely why it is important to take timely action.
More general information about employee insurance schemes can also be found at the Government of the Netherlands.
What procedures are there against the UWV?
Do you disagree with a decision by the UWV? Then various legal steps are possible. It is important to know these procedures well, because strict deadlines apply.
1. Objection to a UWV decision
In most cases you have 6 weeks to file an objection against a decision by the UWV. Sometimes a shorter deadline applies, for example 2 weeks. This deadline is always stated in the letter from the UWV.
When you file an objection, your case is reassessed by another department of the UWV. Often, a hearing, in which you (or your lawyer) can explain your position orally.
It is precisely in this phase that many mistakes are made. A brief or incorrect notice of objection can cause your chances to unnecessarily diminish.
2. Appeal to the court
Is your objection rejected? Then you can file an appeal with the administrative court. The court assesses whether the UWV:
- has conducted a thorough investigation;
- has correctly applied the law;
- has provided sufficient reasoning for the decision.
On appeal, strong legal and medical support is crucial. The court scrutinizes the UWV closely, but expects your arguments to be well supported.
3. Appeal to the Central Appeals Tribunal
If you do not agree with the court’s judgment, you can lodge an appeal with the Central Appeals Tribunal. This is the highest court in social security matters.
Litigating before the Central Appeals Tribunal requires specialist knowledge and experience. Not every lawyer is well-versed in this.
More information about objections and appeals against government decisions can be found at: Rechtspraak.nl – objections and appeals.
Why hire a UWV lawyer?
You may file an objection against a UWV decision yourself. In practice, however, a specialized UWV lawyer significantly increases your chances.
Common mistakes by the UWV
In practice, UWV lawyers often encounter the same mistakes, such as:
- incomplete or incorrect medical assessments;
- incorrect positions in the occupational assessment;
- insufficient consideration of limitations;
- incorrect application of laws and regulations;
- inadequate reasoning of the decision.
What does a UWV lawyer actually do?
- critically analyzes the UWV case file;
- prepares a legally strong notice of objection;
- guides and represents you during the hearing;
- conducts proceedings in court and on appeal;
- works with medical and occupational experts.
Read more about legal assistance with employment and benefit issues on our page employment law.
Costs of a UWV lawyer
Many people think a lawyer is always expensive. In UWV cases, that’s often different.
- In the case of a well-founded objection or appeal the UWV must reimburse (part of) the lawyer’s fees.
- You may be eligible for subsidized legal aid (addition).
- Sometimes a legal expenses insurance provides coverage.
As a result, legal assistance is in many cases affordable or even free for clients.
Specialized UWV lawyers at Arslan Advocaten
Not every lawyer is specialized in proceedings against the UWV. Social security law is complex and changes regularly. At Arslan Advocaten work specialized UWV lawyers who litigate against the UWV on a daily basis.
- Many years of experience with objections and appeals against UWV decisions;
- Up-to-date knowledge of WIA, the Sickness Benefits Act, the Unemployment Insurance Act and wage sanctions;
- Collaboration with medical specialists and occupational experts;
- Regular success at courts and the Central Appeals Tribunal.
You can read more about our approach at employment law – our approach.
Examples from practice
Example 1: WIA benefit unjustly denied
An employee was granted only 20% disability. Our UWV lawyer demonstrated with additional medical reports that the limitations had been incorrectly determined. Result: a full WIA benefit after all.
Example 2: Employer wage sanction overturned
An employer was given a one-year wage sanction. On appeal it was demonstrated that all reintegration efforts had been carried out. The wage sanction was fully lifted.
Example 3: Ziektewet wrongly terminated
A single mother lost her Ziektewet benefit. After objection and appeal, the decision was annulled and she received her benefit retroactively.
Checklist: what to do after a decision from the UWV?
- 📄 Read the UWV letter carefully.
- ⏳ Immediately note the objection period (usually 6 weeks).
- 📑 Collect medical and occupational expert documents.
- ✍️ Have a specialized UWV lawyer draft your objection.
- ⚖️ File an appeal if the objection is rejected.
Frequently asked questions about objections and appeals against the UWV
How much time do I have to file an objection to a UWV decision?
Usually 6 weeks. Sometimes a shorter period of 2 weeks applies. Always check the UWV’s letter.
Can I file an objection myself without a lawyer?
Yes, you can. In practice, a specialized UWV lawyer significantly increases your chance of success.
Is filing an objection worthwhile if the UWV has already conducted a medical examination?
Yes. Medical assessments are regularly incomplete or incorrect. A lawyer can bring in additional expertise.
What if I miss the objection deadline?
In that case, an objection is usually declared inadmissible. Only in exceptional situations is correction possible.
Need help with an objection or appeal against the UWV?
A negative decision by the UWV can be far-reaching, but you are not alone. The specialized UWV attorneys at Arslan Advocaten help you with objection, appeal and appeal to a higher court. Feel free to contact us via the contact form or view our page UWV attorney.
Frequently Asked Questions
What should I do if I disagree with a decision made by the UWV?
You can file an objection within the deadline specified in the UWV’s letter, typically 6 weeks, to have your case reassessed. If your objection is rejected, you can then appeal to the administrative court for a further review.
Why is it important to seek legal assistance when appealing a UWV decision?
A specialized UWV lawyer can help ensure your objection or appeal is properly prepared, avoiding common mistakes and increasing your chances of a favorable outcome. They can also provide strong legal and medical support during court proceedings.
What are the key differences between an objection and an appeal against a UWV decision?
An objection is a request for the UWV to re-examine its own decision, while an appeal involves asking an administrative court to review whether the UWV applied the law correctly and provided sufficient reasoning. The appeal process is more formal and requires legal expertise.
What deadlines do I need to be aware of when contesting a UWV decision?
You generally have 6 weeks to file an objection after receiving the decision, but some cases may require a shorter period, such as 2 weeks. It’s important to check the specific deadline stated in the UWV’s communication to avoid missing your chance to contest.
