Common reasons for denial include: the insurance physician underestimating your complaints and limitations, the labour expert selecting jobs you are realistically unable to perform, insufficient consideration of your psychological complaints, or the insurance physician disregarding information from your treating medical specialist.
How to Object to a WIA Denial
You have 6 weeks from the date of the decision to submit an objection. This deadline is strict — late submissions are not accepted even with a valid reason. Therefore, act immediately.
Step 1: Submit a pro-forma objection as soon as possible. This is a brief objection without extensive reasoning, solely to preserve the deadline. You will then have the opportunity to supplement the grounds.
Step 2: Request the complete file from the UWV. You are entitled to inspect the insurance physician’s report, the FML, the labour expert’s report, and the selected functions in the CBBS.
Step 3: Have your medical file reviewed by an independent medical advisor or your treating specialist. It often emerges that the insurance physician missed or misinterpreted information.
Step 4: Draft the grounds for objection. Here you set out a reasoned explanation of why the decision is incorrect. A specialised lawyer knows exactly which arguments are most effective.
Step 5: You will be invited to a hearing. This is an important event: you can clarify your situation verbally and the objection insurance physician can ask additional questions.
Step 6: The UWV makes a decision on the objection. If your objection is upheld, your WIA benefit will be granted or you will be reassessed.
Common Errors Made by the UWV in WIA Assessments
In our practice, we regularly see the UWV make mistakes in WIA assessments. The most frequent errors include:
The insurance physician spends insufficient time at the consultation. A 20-minute conversation is inadequate to obtain a full picture of complex complaints.
Information from the treating specialist is not or insufficiently considered. The insurance physician is obliged to request and include this information in the assessment.
Psychological complaints are underestimated. Depression, anxiety disorders, PTSD, and chronic fatigue are difficult to objectify but can render someone completely unfit for work.
The FML is drafted too optimistically. The insurance physician notes you are ‘lightly limited’ on certain points, while you in reality experience severe restrictions.
The labour expert selects functions that do not fit your limitations. Sometimes jobs are selected that demand physical or mental requirements you cannot meet.
No account is taken of the ‘sustainable load profile’. You may be able to perform a task for one hour, but not for eight hours a day.
An experienced lawyer recognises these errors and knows how to effectively challenge them during the objection process.
What If Your Objection Is Rejected?
If the UWV rejects (declares unfounded) your objection, you can appeal to the administrative court (District Court) within 6 weeks. The court examines whether the UWV acted carefully and whether the decision is properly substantiated.
At the court, you can also request an independent medical expert assessment. An expert appointed by the court will reassess your situation. This can be a breakthrough if the UWV insurance physician has underestimated your complaints.
You can appeal the court’s decision to the Central Appeals Tribunal (CRvB), which is the highest court for social security matters in the Netherlands.
At Arslan Advocaten, we regularly litigate before the court and the CRvB. We have experience in requesting independent medical expert opinions and know how to persuade the court.
Costs of a WIA Objection Procedure
If your objection is upheld, the UWV must reimburse (partially) your legal costs. This also applies for appeal and further appeal.
You may also qualify for subsidised legal aid (legal aid certificate) via the Legal Aid Board. In that case, you only pay a contribution based on your income. For the lowest incomes, the contribution is as little as €188.
At Arslan Advocaten, we always assess whether you qualify for legal aid. We want everyone to have access to legal assistance regardless of income.
Why Instruct Arslan Advocaten for Your WIA Objection?
The lawyers of Arslan & Arslan have years of experience with objection and appeal procedures against the UWV. We are familiar with common errors, know which arguments are most effective, and collaborate with independent medical advisors.
We handle the entire process for you: from the pro-forma objection to the hearing, and if necessary, to the court and the Central Appeals Tribunal. This enables you to focus on your health.
With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg, we are always close by. Contact us today for a free consultation without obligation.
Frequently Asked Questions
How much time do I have to object to a WIA denial?
You have 6 weeks from the date of the decision. This deadline is strict. If in doubt, immediately submit a pro-forma objection to preserve the deadline.
Can I object without a lawyer?
Yes, you can. However, a specialised lawyer significantly increases your chances. The lawyer knows the pitfalls, understands which medical information is needed, and can effectively argue at the hearing.
What does a lawyer cost for a WIA objection?
If the objection is successful, the UWV reimburses your legal costs. Furthermore, you may qualify for subsidised legal aid (legal aid certificate), paying only a small personal contribution.
What if I missed the objection deadline?
Your chance of success will be greatly reduced. Only in exceptional cases (e.g., medical reasons, hospitalisation) may you still be accepted. Contact a lawyer immediately.
Can the UWV reduce my benefit after an objection?
In theory, the UWV can apply reformatio in peius (worsening after objection), but this rarely happens in practice. Your lawyer will take this into account.
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