expert opinion.
A further appeal against the court’s ruling can be made to the Central Appeals Tribunal (Centrale Raad van Beroep, CRvB), which is the highest court for social security matters in the Netherlands.
Common Mistakes by the UWV
The UWV regularly makes errors in assessing benefit applications. The most common mistakes include:
- The insurance doctor spends insufficient time during consultations and thereby misses important complaints
- Information from the treating specialist is not or insufficiently taken into account in the assessment
- Mental health complaints (depression, PTSD, anxiety, chronic fatigue) are underestimated or not recognized
- The labour expert selects jobs that do not match the established limitations
- The duration of work capacity is not considered: you may be able to do something briefly, but not an entire working day
- The decision’s motivation is insufficient: the UWV does not explain why certain limitations were not adopted
An experienced lawyer recognizes these mistakes 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 costs. Additionally, you may qualify for subsidised legal aid (toevoeging) through the Legal Aid Board (Raad voor Rechtsbijstand). In that case, you only pay a personal contribution based on your income — for the lowest incomes, this is just €188.
At Arslan Advocaten, we always assess whether you qualify for a toevoeging. We believe everyone has the right to legal assistance, regardless of income.
Why Choose Arslan & Arslan Advocaten?
Our lawyers have extensive 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 nearby. Contact us today for a free consultation without obligation.
Understanding the Eligibility Criteria for Wajong Benefits
The Wajong benefit is designed for young people with disabilities who are unable to work or can only work limited hours due to their condition. To qualify, you must meet specific criteria set by the UWV. First, your disability must have started before your 18th birthday or while you were still studying and under the age of 30. The disability should significantly limit your ability to participate in the labour market.
The UWV assesses your functional limitations based on medical reports and labour capacity evaluations. They consider not only physical impairments but also psychological or intellectual disabilities. The key question is whether you can perform work under normal conditions, and if not, to what extent your capacity is reduced.
It is essential to provide comprehensive medical documentation and evidence of your limitations during your application. This includes reports from specialists, psychologists, and any rehabilitation professionals involved in your care. Proper documentation helps the UWV form a well-founded decision and increases your chance of receiving the benefit.
How to Prepare for a UWV Hearing
If you file an objection, you will often be invited to a hearing at the UWV. This hearing is a critical stage in the process, as it allows you to personally explain your situation and provide additional information that may not have been included in the initial application.
Preparation is key to making the most of this opportunity. It is advisable to bring any new medical documents, letters from your treating specialists, or evidence of your daily limitations. You may also prepare a clear explanation of how your disability affects your ability to work, including practical examples from your daily life.
During the hearing, you will be able to respond to questions from the UWV assessor. It is important to answer honestly and clearly. Bringing a lawyer or legal representative can be very helpful, as they can guide you through the process, advise on what to say, and ensure your rights are protected.
What to Expect During an Appeal at the Administrative Court
If your objection is denied, appealing to the administrative court (rechtbank) is the next step. This legal procedure involves a judge reviewing the UWV’s decision to determine if it complies with the law and is sufficiently justified.
The court will examine the evidence submitted, including medical reports and expert opinions. It is possible to request the court to order an independent medical or labour expert to provide an objective assessment. This independent expert opinion can be crucial in demonstrating the true extent of your limitations.
Legal representation at this stage is strongly recommended. An experienced lawyer can draft persuasive legal arguments, submit relevant evidence, and ensure procedural rules are followed. The appeal process may take several months, but a favourable ruling can result in the UWV revising their decision and granting the Wajong benefit.
Should the administrative court also reject your appeal, a final appeal to the Central Appeals Tribunal (Centrale Raad van Beroep, CRvB) is possible. This court has the last word on social security disputes in the Netherlands.
Frequently Asked Questions
How much time do I have to file an objection?
In most cases, 6 weeks after the decision date. Sometimes a shorter period of 2 weeks applies. Always check the letter from the UWV.
Does a lawyer cost me money for UWV matters?
If the objection is successful, 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 assessments, labour expert reports, and administrative law procedures.
