A decision by the UWV (Employee Insurance Agency) can have major consequences for your income, work and future. Consider the refusal or termination of a WIA benefit, a rejection of Sickness Benefits Act claims, the ending of an unemployment benefit or the imposition of a wage sanction on your employer. In practice, it turns out that a UWV decision is regularly made unjustly or carelessly. Fortunately, you can file an objection and appeal against this. A specialised UWV lawyer can make the difference.
On this page, you will read extensively about when you deal with the UWV (Employee Insurance Agency), which procedures are possible, why legal assistance is advisable, how objection and appeal proceedings work, what mistakes the UWV (Employee Insurance Agency) often makes and what you can concretely do after a negative decision.
When do you deal with the UWV (Employee Insurance Agency)?
The UWV (Employee Insurance Agency) is responsible for the implementation of various employee insurance schemes. You deal with the UWV (Employee Insurance Agency) in the following situations, among others:
- Sickness Benefits Act (ZW): if you are ill and no longer have an employer.
- WIA (IVA or WGA): in the case of incapacity for work lasting longer than two years.
- WW (Unemployment Insurance): in the case of unemployment.
- WAO: in older incapacity for work cases.
- Wage sanction: if the UWV (Employee Insurance Agency) considers that your employer has made insufficient reintegration efforts.
A negative decision by the UWV (Employee Insurance Agency) can mean that you are (temporarily) left without income or that your employer is financially affected. This is precisely why it is important to take timely action.
More general information about employee insurance schemes can also be found at the Dutch Government.
What procedures are available against the UWV (Employee Insurance Agency)?
Do you disagree with a decision by the UWV (Employee Insurance Agency)? Then various legal steps are possible. It is important to be well acquainted with these procedures, as strict deadlines apply.
1. Objection against a UWV decision
In most cases, you have 6 weeks to file an objection against a UWV (Employee Insurance Agency) decision. Sometimes a shorter deadline of 2 weeks applies. This deadline is always stated in the UWV letter.
When filing an objection, your case is reassessed by a different department of the UWV (Employee Insurance Agency). A hearing often follows, in which you (or your lawyer) can explain your position orally.
It is precisely at this stage that many mistakes are made. A brief or incorrect objection letter can cause your chances to decrease unnecessarily.
2. Appeal at the court
Is your objection rejected? Then you can file an appeal with the administrative court. The court assesses whether the UWV (Employee Insurance Agency):
- conducted a thorough investigation;
- applied the law correctly;
- sufficiently substantiated the decision.
In appeal proceedings, a solid legal and medical substantiation is crucial. The judge critically reviews the UWV (Employee Insurance Agency), but does expect your positions to be well substantiated.
3. Higher appeal at the Central Appeals Tribunal
If you disagree with the court's ruling, you can file a higher appeal at the Central Appeals Tribunal. This is the highest court in social security matters.
Litigating at the Central Appeals Tribunal requires specialist knowledge and experience. Not every lawyer is proficient in this area.
More information about objection and appeal against government decisions can be found at: Rechtspraak.nl – objection and appeal.
Why engage a UWV lawyer?
You are allowed to file an objection against a UWV decision yourself. In practice, however, a specialised UWV lawyer significantly increases your chances.
Common mistakes made by the UWV (Employee Insurance Agency)
UWV lawyers regularly encounter the same mistakes in practice, such as:
- incomplete or incorrect medical assessments;
- wrong functions in the occupational assessment;
- insufficient consideration of limitations;
- incorrect application of laws and regulations;
- inadequate substantiation of the decision.
What does a UWV lawyer concretely do?
- critically analyses the UWV file;
- drafts a legally strong objection letter;
- guides and represents you during the hearing;
- conducts proceedings at the court and in higher appeal;
- collaborates with medical and occupational experts.
Read more about legal assistance in employment and benefit matters on our page employment law.
Costs of a UWV lawyer
Many people think that a lawyer is always expensive. In UWV cases, this is often different.
- If an objection or appeal is upheld, the UWV (Employee Insurance Agency) must reimburse (part of) the lawyer's costs.
- You may be eligible for subsidised legal aid (legal aid certificate).
- Sometimes a legal expenses insurance provides coverage.
This means that legal help is in many cases affordable or even free of charge for clients.
Specialised UWV lawyers at Arslan Advocaten
Not every lawyer specialises in proceedings against the UWV (Employee Insurance Agency). Social security law is complex and changes regularly. At Arslan Advocaten, specialised UWV lawyers work who litigate against the UWV (Employee Insurance Agency) on a daily basis.
- Years of experience with objections and appeals against UWV decisions;
- Up-to-date knowledge of WIA, Sickness Benefits Act, unemployment benefits and wage sanctions;
- Collaboration with medical specialists and occupational experts;
- Regular success at courts and the Central Appeals Tribunal.
Read more about our approach at employment law – our approach.
Examples from practice
Example 1: WIA benefit unjustly refused
An employee was awarded only 20% incapacity for work. Our UWV lawyer demonstrated with additional medical reports that the limitations had been incorrectly assessed. Result: a full WIA benefit was awarded after all.
Example 2: Employer's wage sanction overturned
An employer was imposed a one-year wage sanction. On appeal, it was demonstrated that all reintegration efforts had been made. The wage sanction was fully revoked.
Example 3: Sickness benefit unjustly terminated
A single mother lost her Sickness Benefits Act benefit. After objection and appeal, the decision was overturned and she received her benefit retroactively.
Checklist: what to do after a UWV decision?
- Read the UWV letter carefully.
- Immediately note the objection deadline (usually 6 weeks).
- Collect medical and occupational documents.
- Have a specialised UWV lawyer draft your objection.
- File an appeal if the objection is rejected.
Frequently asked questions about objection and appeal against the UWV (Employee Insurance Agency)
How much time do I have to file an objection against a UWV decision?
Usually 6 weeks. Sometimes a shorter deadline of 2 weeks applies. Therefore, always check the UWV letter.
Can I file an objection myself without a lawyer?
Yes, you can. In practice, a specialised UWV lawyer significantly increases your chances of success.
Is an objection worthwhile if the UWV has already conducted a medical examination?
Yes. Medical assessments are regularly incomplete or incorrect. A lawyer can bring in additional expertise.
What if I miss the objection deadline?
Then the objection is usually declared inadmissible. Recovery is only possible in exceptional circumstances.
Need help with an objection or appeal against the UWV (Employee Insurance Agency)?
A negative decision by the UWV (Employee Insurance Agency) can be far-reaching, but you do not have to face it alone. The specialised UWV lawyers of Arslan Advocaten assist you with objections, appeals and higher appeals. Please feel free to contact us via the contact form or view our page UWV lawyer.