expertise.
You may further appeal the court’s decision to the Central Appeals Tribunal (CRvB), which is the highest court for social security matters in the Netherlands.
Common Mistakes Made by the UWV
The UWV regularly makes mistakes assessing benefit applications. The most frequent errors include:
- The insurance physician spends insufficient time at the consultation and therefore misses important complaints
- Information from the treating specialist is not or insufficiently taken into account
- Mental health issues (depression, PTSD, anxiety, chronic fatigue) are underestimated or not recognised
- The labour expert selects jobs that do not match the determined limitations
- The duration capacity is not considered: you may be able to do something briefly, but not for 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
In the case of a successful objection or appeal, the UWV must reimburse (part of) your legal costs. Additionally, you may qualify for subsidised legal assistance (known as toevoeging) via the Legal Aid Board. In that case, you only pay a personal contribution based on your income — for the lowest incomes, this is only €188.
At Arslan Advocaten, we always assess whether you qualify for toevoeging. We believe everyone is entitled 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 objection, appeal, and cassation proceedings. 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 any obligation.
Understanding the WIA Assessment Process
The WIA (Wet werk en inkomen naar arbeidsvermogen) assessment is a comprehensive evaluation conducted by the UWV to determine your work capacity after a period of illness or disability. This assessment typically takes place after you have been sick for approximately 104 weeks (two years). During the assessment, both a medical examination by an insurance physician and a labour expert evaluation are carried out.
The insurance physician assesses your physical and mental health to determine your medical limitations. Meanwhile, the labour expert evaluates your ability to perform work tasks in the current labour market considering these limitations. The outcome of these assessments will decide whether you qualify for WIA benefits and, if so, at what level (IVA or WGA).
It is crucial to prepare for your WIA assessment thoroughly. Gather all relevant medical documents, specialist reports, and evidence of your functional limitations. Being honest but precise about your symptoms and restrictions during the consultation can make a significant difference in the result.
Types of WIA Benefits and Their Implications
The WIA scheme provides two main types of benefits depending on your assessed capacity to work:
- IVA (Inkomensvoorziening Volledig Arbeidsongeschikten): This benefit is granted if you are assessed as fully and permanently disabled, meaning you have less than 35% capacity to work and your condition is expected to remain unchanged. IVA benefits offer a higher level of financial security and are paid indefinitely.
- WGA (Werkhervatting Gedeeltelijk Arbeidsgeschikten): This applies if you have a partial disability (35% to 80% reduced earning capacity) or if your disability is not considered permanent. WGA benefits are lower and may be temporary, with the expectation that you can partially return to work.
Understanding which category you fall into is essential because it affects both the amount and duration of your benefits. If you disagree with the UWV’s classification, it is important to act promptly and seek legal advice to challenge the decision.
Preparing for Your UWV Hearing: Tips and Best Practices
The hearing during the objection procedure is your opportunity to present your case directly to the UWV’s objection committee. Adequate preparation can significantly improve your chances of success. Here are some practical tips:
- Review your medical file: Ensure all your medical information is up-to-date and complete. Ask your treating specialists for additional reports if needed.
- Document your daily limitations: Keep a diary of your symptoms, difficulties performing daily tasks, and how your condition affects your work and personal life.
- Bring supporting witnesses: If applicable, bring statements from employers, family members, or therapists who can confirm the impact of your condition.
- Practice your explanation: Prepare clear and concise answers about your health and work capacity. Avoid exaggeration but be honest about your restrictions.
- Consider legal representation: A specialised lawyer can guide you through the hearing, advise on questions, and ensure that your rights are protected throughout the process.
Remember, the hearing is not a trial but an informal meeting designed to clarify your situation. Taking it seriously and preparing well can make a significant difference.
Frequently Asked Questions
How much time do I have to file an objection?
Usually 6 weeks from the decision date. Sometimes a shorter period of 2 weeks applies. Always check the letter from the UWV.
Does a lawyer cost me money in UWV matters?
If your objection is successful, the UWV reimburses your costs. Additionally, you may qualify for subsidised legal assistance with only 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 expertise in medical assessments, labour expert reports, and administrative law procedures.
