UWV Disability Assessment for Residents of Rijswijk

UWV Disability Assessment in Rijswijk

For residents of Rijswijk, the UWV disability assessment is a key medical and occupational evaluation by the Employee Insurance Agency (UWV). It determines whether an employee can still work (fully or partially) after two years of illness and qualifies for a benefit under the Work and Income (Capacity for Work) Act (WIA). In Rijswijk, where many commuters and local employees deal with sick leave, this assessment follows the employer's mandatory wage continuation and is vital for financial security.

What Does a Disability Assessment Entail for Rijswijk Residents?

The assessment is a structured process in which the UWV evaluates limitations due to illness or disability in performing work. Its goal is to express the degree of incapacity for work as a percentage, which determines the amount of the WIA benefit. This occurs after 104 weeks of illness, during which the employer must pay 70% of the salary. For Rijswijk residents, often working in nearby The Hague or local firms, the assessment combines medical facts with an analysis of suitable employment. The UWV uses the Claim Assessment for Incapacity for Work (CBA) as its standard method. Possible outcomes include an IVA benefit (fully and permanently incapacitated, around 75-80%) or a WGA benefit (partially incapacitated, with income-related or follow-up variants). Local support through Het Juridisch Loket Rijswijk can assist with preparation.

Legal Basis of the Assessment

The procedure is governed by the Work and Income (Capacity for Work) Act (WIA), which replaced the Disability Insurance Act (WAO) in 2006. Relevant provisions include:

• Article 39 WIA: Defines incapacity for work as the inability to earn at least 65% of the former salary in suitable employment.
• Article 40 WIA: Describes the assessment of capacity for work, taking into account medical limitations and employment opportunities.
• Article 42 WIA: Sets criteria for IVA (fully and sustainably incapacitated) and WGA (partially incapacitated).
• Article 47 WIA: Requires the assessment after 104 weeks of waiting period.

The Social and Economic Council (SER) provides guidelines, and the UWV conducts the assessment independently in accordance with the General Administrative Law Act (Awb). Rijswijk residents can pursue objections or appeals at the District Court of Rijswijk for local handling.

The Assessment Process for Rijswijk Residents

The process starts automatically near the end of the two-year period. An overview in steps:

1. Application and Preparation: Around week 91, the employee receives the Sickness Benefits/WIA form from the UWV. Complete it with medical information from the company doctor or specialists. The UWV requests additional data; in Rijswijk, assistance is available from the Municipality of Rijswijk for documentation.
2. Medical Examination: A UWV insurance physician assesses health through an interview and possibly a physical exam, resulting in a 'list of functional capabilities' (FML) outlining limitations, such as no heavy lifting or restricted walking.
3. Occupational Expert Review: Based on the FML, a labour expert determines feasible job functions. This yields a percentage based on earning capacity relative to the previous salary (e.g., 80% incapacity if 20% earning potential).
4. Decision: The ruling follows within 8 weeks after week 104. Under 35%: no benefit; 35-80%: WGA; over 80% and sustainable: IVA.

Example from Rijswijk: Consider Marieke, an administrative employee at a local Rijswijk company, who sustains a chronic shoulder injury. After two years, the physician determines she cannot lift overhead but can handle desk work. The expert identifies opportunities in light office roles, with 60% earning capacity. Outcome: 40% incapacity for work and entitlement to a WGA benefit.

Rights and Obligations in the Rijswijk Assessment

Rijswijk residents have rights to a fair process:

• Access to the case file and submission of personal medical reports.
• Option for an interpreter or companion, e.g., via Het Juridisch Loket Rijswijk.
• Objection within 6 weeks (Awb, art. 6:3), with appeal to the District Court of Rijswijk.
• Reassessment in case of deterioration (art. 48 WIA).

Obligations include:

• Full cooperation; refusal may result in termination of benefits (art. 70 ZW).
• Providing up-to-date medical information.
• Continuing reintegration efforts, such as job searching in the Rijswijk-The Hague region.

In Rijswijk, clients often express concerns about the physician's impartiality. Het Juridisch Loket Rijswijk offers free advice for objections; in recent years, this has led to success in about 35% of local cases through better evidence.

Comparison of IVA and WGA