Best Disability Insurance Lawyers in Beilen
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Find a Lawyer in BeilenAbout Disability Insurance Law in Beilen, Netherlands
Beilen is part of the municipality of Midden-Drenthe. Residents are covered by Dutch national rules on disability and sickness benefits. Day to day, most disability matters are handled by the Employee Insurance Agency, called UWV, and by employers and private insurers. Municipal services are a separate layer that can support practical needs when living with a disability.
In the Netherlands, employees who become ill are generally entitled to continued salary from their employer for up to 104 weeks, usually at least 70 percent of their wage. During this period you and your employer must work on reintegration with guidance from a company doctor. If you are still limited in your ability to work after 104 weeks, UWV assesses whether you qualify for WIA benefits. WIA has two main routes. WGA applies if you are at least 35 percent but less than 80 percent disabled or temporarily fully disabled with recovery expected. IVA applies if you are 80 to 100 percent disabled with little prospect of recovery.
Other schemes can apply. Ziektewet provides sickness benefit if you have no employer, for example after a temporary contract ends while you are ill. Wajong is for people whose disability started young and who have limited earning capacity. Older cases may still fall under WAO. Self employed people can take out private disability insurance, often called AOV. Municipal support through the Social Support Act Wmo and the Participation Act can provide practical help, workplace adjustments, or income support when needed.
Why You May Need a Lawyer
You may not need a lawyer for routine applications, but legal help can be valuable when something goes wrong or becomes complex. Common situations include a UWV decision that denies WIA or sets your disability percentage lower than you believe is correct, a disagreement about what work is suitable during reintegration, a loonsanctie where UWV extends your employer’s salary duty because of reintegration issues, conflicts with a private AOV insurer about coverage, exclusions, or the correct benefit level, a re assessment that reduces an existing benefit, and questions about dismissal after long term illness. A lawyer can also help with collecting and presenting medical and vocational evidence, meeting appeal deadlines, and negotiating with employers or insurers.
Local Laws Overview
Most disability insurance rules are national and apply in Beilen just as elsewhere in the Netherlands. Key rules include the Civil Code provision on continued pay during illness, the Gatekeeper Improvement Act that sets reintegration duties and timelines for employer and employee, and the WIA that governs disability assessments after 104 weeks. Privacy rules limit what medical information an employer may receive. The company doctor advises on work capacity and adjustments, not on diagnosis details for the employer.
UWV procedures have strict time limits. If you receive a decision and you disagree, you can file an objection called bezwaar within six weeks from the date on the decision letter. If the objection is rejected, you can file an appeal called beroep with the administrative court within six weeks. A further appeal can go to the Central Appeals Tribunal. Missing a deadline can end your case, so act quickly.
Private disability insurance for self employed people is based on contract and insurance law. Important topics are the occupation definition used by the policy, the waiting period, exclusions, indexation, and your duty to disclose relevant facts when you apply. Claims against insurers are generally subject to a three year limitation period under Dutch insurance law, which can be interrupted in writing. If you have a dispute with an insurer, you may be able to complain to the Financial Services Complaints Institute or go to court.
Local to Beilen, the municipality of Midden-Drenthe can help with Wmo support such as home adaptations, transport, and guidance. For people who cannot make ends meet, social assistance under the Participation Act and special assistance for exceptional costs may be available. These municipal services complement, but do not replace, UWV benefits.
Frequently Asked Questions
What is the difference between WIA, WGA, and IVA
WIA is the disability scheme after the first 104 weeks of illness. WGA is for people who are at least 35 percent but less than 80 percent disabled, or temporarily fully disabled with recovery expected. IVA is for people who are 80 to 100 percent disabled with little or no prospect of recovery. IVA generally pays a higher and more stable benefit. WGA benefits depend on whether and how much you work relative to your remaining earning capacity.
How does UWV decide my degree of disability
A UWV insurance doctor assesses your medical limitations and records them in a functional abilities list. A labor expert then compares what you can earn according to those limitations with what you used to earn, using reference jobs. The loss of earning capacity in percent determines whether you qualify and in which category. Submitting clear medical records and an accurate job history helps the assessment.
Can my employer dismiss me while I am sick
During the first 104 weeks of illness, dismissal because of sickness is generally not allowed. After 104 weeks, dismissal may be allowed if you are still unable to work and there is no suitable job available. UWV reviews such requests. If your employer did too little for reintegration, UWV can impose a loonsanctie that extends the salary duty and delays dismissal.
What if UWV denies my WIA application
You can file a written objection called bezwaar within six weeks of the decision date. In bezwaar you can submit extra medical evidence, ask UWV to hear you, and point out errors in the labor expert’s job selection. If UWV maintains its decision, you can go to the administrative court in beroep. A lawyer can help structure the medical and vocational arguments.
Do I need a lawyer to file bezwaar with UWV
It is not required, but it can be helpful, especially in complex cases or where medical and labor issues overlap. If you have low income, you may qualify for subsidized legal aid. Some people have legal expenses insurance that covers representation.
What if my temporary contract ends while I am sick
If your contract ends and you are still ill, you may qualify for Ziektewet sickness benefit from UWV. UWV will guide reintegration and can later assess you for WIA if the illness continues. Keep reporting your situation to UWV and follow medical guidance.
How do private AOV policies for self employed people work
AOV policies pay a monthly benefit if illness or injury prevents you from working according to the policy terms. Key features are the insured occupation, medical exclusions, waiting period, insured amount, and benefit duration. Claims require medical proof and cooperation with assessments. Disputes can be taken to the insurer’s complaints office, the Financial Services Complaints Institute, or court. As of now, there is no general legal duty for self employed people to carry AOV, though policy changes have been discussed nationally.
Can I work part time and still receive WGA
Often yes. WGA is designed to encourage working as much as possible within your capacity. If you earn a sufficient part of your remaining earning capacity, you may receive a wage supplement. If you do not, you may receive a lower follow up benefit. Report earnings to UWV to avoid overpayment.
What are my privacy rights during reintegration
Your employer may ask about your availability for work and restrictions, but not about diagnoses or detailed medical information. The company doctor and occupational health service handle medical details. You must share enough information to allow suitable work adjustments and to follow the reintegration plan.
What deadlines should I watch
Important deadlines include eight weeks after reporting sick for the reintegration plan, 88 weeks for submitting a WIA application, and six weeks for filing bezwaar after any UWV decision. For private insurer disputes, a three year limitation period often applies. When in doubt, seek advice early and confirm dates shown on decision letters.
Additional Resources
UWV Uitvoeringsinstituut Werknemersverzekeringen. Handles WIA, Ziektewet, and Wajong applications and assessments. You can request your file, submit objections, and ask questions about decisions.
Gemeente Midden Drenthe Wmo loket. Provides information and applications for social support such as home adaptations, transport, and practical help. Can advise on Participation Act options and special assistance for costs.
Het Juridisch Loket. Offers free first line legal information. They can help you understand decisions and prepare an objection. They may refer you to a lawyer who works with subsidized legal aid.
Raad voor Rechtsbijstand. Manages subsidized legal aid. If you meet the income and asset criteria, you may pay a contribution while the state covers the rest.
Vakbonden such as FNV or CNV. Unions can assist members with employment and disability related issues, including reintegration conflicts and UWV procedures.
Financial Services Complaints Institute Kifid. Independent body for complaints about private insurers and financial firms. Useful for AOV disputes before going to court.
Centrale Raad van Beroep. The highest administrative court for social security and civil service matters, relevant for higher appeals in disability cases.
Patiëntenverenigingen and condition specific support groups. These often provide practical guidance on medical evidence, work accommodations, and living with long term conditions.
Next Steps
Write down your timeline. Note your first sick day, reintegration milestones, and any UWV or insurer deadlines. Keep copies of all letters and emails.
Collect evidence. Ask your GP and specialists for up to date medical summaries. Gather job descriptions, pay slips, reintegration plans, and notes from company doctor consultations.
Request your file. From UWV you can ask for the medical and labor expert reports used in your assessment. From a private insurer you can ask for the complete claim file.
Ask for help early. Contact Het Juridisch Loket for initial guidance. If the matter is complex or time sensitive, consult a lawyer in Drenthe who focuses on social security, employment, or insurance law. Check whether you have legal expenses insurance or qualify for subsidized legal aid.
Consider interim measures. If a benefit stops and you face urgent hardship, ask a lawyer about the option of a provisional measure at court. This is case specific and needs prompt action.
Prepare your objection. Explain clearly why you disagree, refer to medical and vocational evidence, and file within six weeks. Keep proof of sending.
Stay engaged in reintegration. Follow medical advice, cooperate with suitable work, and document your efforts. This helps both your recovery and your legal position.
This guide provides general information for people in Beilen and the wider Netherlands. It is not a substitute for legal advice tailored to your situation. For personal advice, consult a qualified Dutch lawyer or an authorized legal professional.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.