For a WIA application, you undergo an assessment by an insurance physician and labour expert from UWV. Disagree with the result? You have the option to lodge an objection.
What does a WIA assessment entail?
A WIA assessment consists of two parts:
- Medical assessment: by the insurance physician (what capabilities do you still have?)
- Labour analysis: what type of work can you still perform?
The medical assessment
The insurance physician examines your limitations:
- A discussion about your health complaints and treatment trajectory
- Possibly a physical examination
- Requesting information from your treating physicians
- Outcome: a Functional Capacities List (FML)
The labour analysis
The labour expert determines what work you can still perform:
- Your limitations are compared against functions in the CBBS system
- Your remaining earning capacity is calculated
- Your percentage of disability is established
Lodging an objection against a WIA assessment
If you disagree with the outcome, you can lodge an objection:
- Submit your objection within 6 weeks of the decision
- A different insurance physician reviews your file again
- You may submit additional medical information
- Often, a reassessment takes place via a hearing
Frequently asked questions about WIA assessments
May I bring medical documents to the assessment?
Yes, it is advisable to bring documentation from your physicians. This can contribute to an accurate assessment of your situation.
Can I bring someone to the assessment?
Yes, you may bring a support person. They may generally not actively participate in the conversation but can provide emotional support.
How long does an objection procedure for a WIA assessment take?
Normally, this takes about 13 weeks, but with a new assessment, it may take longer.
Additional questions about WIA and objections in Rijswijk
What if I am late in submitting an objection?
If you exceed the 6-week period, the UWV decision becomes binding. You then lose the opportunity to appeal. In some cases, you can request an extension from UWV, but this is not always granted. Acting quickly is therefore essential.
Can I arrange an independent second opinion?
Yes, you may arrange a second opinion yourself with another physician, but UWV is not required to take it into account. During the objection, you can submit this information to support your position.
How can I prepare for a WIA assessment?
Gather all relevant medical documents, such as specialist reports. Make a list of your complaints and how they affect your life. Practice explaining your situation and consider bringing someone for moral support.
What is the difference between an insurance physician and my own physician?
The UWV insurance physician assesses your situation objectively and focuses on your remaining capacities. Your own physician focuses on treatment and recovery and may show more understanding for your complaints. This can sometimes lead to different conclusions.
Do I receive a benefit during the objection procedure?
If you are already receiving a WIA benefit, it continues during the objection. If you do not yet have a benefit, you receive no payment during the procedure. If the objection is upheld, a benefit may be granted retroactively.
Are there costs associated with an objection procedure?
Lodging an objection is free of charge, but you may incur expenses for example for a second opinion or legal assistance. Some costs may be covered by legal expenses insurance or subsidised legal aid via the Raad voor Rechtsbijstand.
Where can I get help with objections in Rijswijk?
You can seek support from a legal advisor, trade union, or the Juridisch Loket Rijswijk for free advice. They help with drafting an objection letter and preparing for a hearing. For cases at the Rechtbank Den Haag (district), you can also engage professional assistance.