Best Disability Insurance Lawyers in Hasselt

About Disability Insurance Law in Hasselt, Belgium

Disability insurance in Hasselt operates within Belgiums national system of compulsory health care and benefits insurance. The system is federal and is overseen by RIZIV-INAMI, with day-to-day administration handled by the sickness funds known as ziekenfondsen or mutualities. If you are an employee, your employer usually pays guaranteed salary for short-term incapacity, after which your mutuality pays a sickness allowance known as primary incapacity. After one year of continuous incapacity, your case may be evaluated for invalidity benefits by the Medical Council for Invalidity at RIZIV, based on advice from the mutualitys advising physician.

Self-employed workers are also covered for sickness and invalidity through the compulsory scheme, although rates and conditions differ from those for employees. Civil servants and certain categories of public sector workers may have specific rules.

Benefit amounts depend on your family situation and previous earnings up to a legal ceiling. As a broad indication, primary incapacity benefits are often calculated at about 60 percent of your capped salary. Once recognized as invalid, typical rates are around 65 percent for breadwinners, 55 percent for singles, and 40 percent for cohabiting persons without dependents, all subject to annual indexation and legal caps. Precise figures change regularly, so always verify with your mutuality.

Belgium also distinguishes between general sickness-disability and work-related risks. Occupational accidents and occupational diseases are handled by Fedris under separate rules. You cannot cumulate overlapping benefits for the same period, so coordination is important.

Many residents also hold optional private policies such as guaranteed income insurance. Disputes with private insurers follow contract law and insurance law, and they may proceed differently from disputes with mutualities.

Why You May Need a Lawyer

You may need a lawyer when your mutuality denies or terminates your sickness or invalidity benefits, when the start date or degree of incapacity is disputed, or when an insurer alleges you are fit for work contrary to your doctors opinion. A lawyer can review the medical and legal basis of the decision, request reassessment, and represent you before the labour court in Hasselt if needed.

Legal help is also valuable if your benefit amount seems incorrect, if you face recovery of alleged overpayments, or if you want to combine partial work with benefits and need authorization known as a permitted or therapeutic return to work. Cross-border situations are common in Limburg and require EU coordination of social security rules, which a lawyer can navigate.

Issues at work often overlap with disability insurance. A lawyer can advise on reintegration procedures with the occupational physician, reasonable accommodations, dismissal after long-term illness, and discrimination claims. For private policies, a lawyer can interpret policy terms, limitation periods, and medical expert procedures.

Local Laws Overview

Scope and definition. Under Belgian law, you are considered incapacitated if, due to illness or impairment, you can no longer earn more than one third of what a comparable worker could earn in the general labour market. Primary incapacity generally covers the first year. After one year, the Medical Council for Invalidity at RIZIV decides on invalidity status based on the mutualitys advising physician report.

Procedure. To receive benefits, you must be affiliated with a mutuality or the public auxiliary fund. You file a medical certificate promptly at the start of incapacity and respond to requests from the advising physician. For invalidity, expect a reassessment around the one year mark. You have the right to be heard and to submit medical documents from your treating doctors.

Obligations. You must inform your mutuality of changes in health, work status, address, and family situation. You must attend medical assessments when summoned. Starting or resuming work requires prior written authorization from the advising physician if you wish to keep benefits in whole or in part. Travel abroad usually requires prior approval to avoid suspension.

Amounts and taxation. Benefit amounts depend on your salary history, family status, and legal ceilings. RIZIV updates the scales periodically. Benefits are generally taxable as replacement income, although tax treatment and withholding can differ from wages. Private disability insurance benefits may have different tax rules.

Work while on benefits. Partial work is possible with prior authorization. The advising physician will set conditions like percentage of work time, type of tasks, and duration. Working without authorization can lead to recovery of benefits and sanctions.

Appeals. Decisions by a mutuality or by the Medical Council for Invalidity can be challenged. Strict time limits apply. In many social security disputes, you must file an appeal with the labour court within about three months from notification of the decision. Internal objections or medical reassessments may have shorter deadlines. Always check the date on the letter and seek advice promptly.

Interaction with other schemes. Occupational accidents and diseases fall under Fedris with their own procedures. Unemployment, maternity, and pension benefits can interact with disability benefits and may affect amounts or eligibility. You cannot cumulate incompatible benefits for the same period.

Language and forum. In Hasselt, proceedings are conducted in Dutch before the local labour court. Social cases generally have low or no court fees, and legal aid is available for those who qualify.

Frequently Asked Questions

How do I start a disability insurance claim if I live or work in Hasselt

Contact your mutuality as soon as you become unable to work and submit the required medical certificate from your doctor. If you are employed, inform your employer according to company rules. Keep copies of everything. Your mutuality will open a file and involve the advising physician.

Who decides whether I am disabled

During the first year, your mutualitys advising physician decides on your incapacity for work. After one year, the RIZIV Medical Council for Invalidity makes the invalidity decision, based on medical evidence and the advising physicians report. You can submit additional medical documents and ask your treating doctors to provide reports.

How much money will I receive

Amounts depend on your previous earnings up to a legal ceiling and your family status. Primary incapacity is typically around 60 percent of capped earnings. After one year, invalidity rates are commonly around 65 percent for breadwinners, 55 percent for singles, and 40 percent for cohabitants without dependents. Exact figures change and are set by law, so check with your mutuality.

Can I work part time while receiving benefits

Yes, but only with prior written authorization from the advising physician. This is known as permitted or therapeutic work. The authorization sets limits on hours, tasks, and duration. Unauthorized work can cause benefit suspension and recovery.

What if my claim is denied or my benefits are stopped

Request the decision in writing with reasons and the legal basis. Ask your mutuality how to object or seek reassessment. Keep an eye on deadlines. If the issue is not resolved, you can appeal to the labour court in Hasselt. A lawyer can obtain your administrative and medical file and represent you.

Do I have to attend medical examinations

Yes. You must cooperate with assessments scheduled by the advising physician or the RIZIV Medical Council for Invalidity. If you cannot attend, notify them in advance and provide a valid reason. Nonattendance can lead to suspension.

What happens after one year of incapacity

Your case is reviewed for invalidity. You may be recognized as invalid, allowed to work partially with authorization, or found fit for work. If recognized as invalid, benefit rates and obligations may change. You will continue to have periodic reviews.

How do occupational accidents or diseases affect my disability benefits

Work accidents and occupational diseases are handled by Fedris and specific insurers. You cannot receive overlapping benefits for the same incapacity period. Coordination rules apply to avoid double payment. Inform all institutions about any other claims you have.

Can I travel or stay abroad while on benefits

Often you need prior authorization from your mutuality, especially for longer or nonurgent trips. Short trips may be allowed but you must remain reachable for medical checks if required. Travel without permission can jeopardize your benefits.

How long do I have to appeal a decision

Deadlines are strict. In many social security cases you have about three months from the date you were notified of the decision to file an appeal with the labour court. Some internal objection procedures have shorter time limits. Read the decision letter carefully and consult a lawyer quickly.

Additional Resources

RIZIV-INAMI National Institute for Health and Disability Insurance. Federal body that oversees the compulsory health care and benefits insurance and the Medical Council for Invalidity.

Your mutuality or sickness fund. Examples in Hasselt and Limburg include CM, Helan, and De VoorZorg. They administer your file, pay benefits, and provide the advising physician service.

HZIV Hulpkas voor Ziekte- en Invaliditeitsverzekering. The public auxiliary fund for people who are not members of a private mutuality.

Fedris Federal Agency for Occupational Risks. Competent for occupational accidents and occupational diseases, separate from general sickness-disability insurance.

VDAB Limburg. Flemish public employment service offering reintegration and return to work support, including adapted pathways for people with health limitations.

OCMW Hasselt Public Centre for Social Welfare. Can assist with social support, income problems, and guidance if your benefits are delayed or denied.

Bureau voor Juridische Bijstand Limburg. Provides second line legal aid and can appoint a pro bono lawyer if you meet income criteria.

Juridische eerstelijnsbijstand Hasselt. Free first line legal information sessions provided locally, often at the courthouse or justice house.

Unia Interfederal Centre for Equal Opportunities. Assists with discrimination issues related to disability in employment and services.

Occupational physician Preventieadviseur-arbeidsarts. Manages reintegration trajectories with your employer and advises on suitable work and accommodations.

Next Steps

Gather your documents. Collect medical certificates, specialist reports, imaging, prescriptions, employer correspondence, and all letters from your mutuality or insurer. Keep a timeline of key dates.

Ask for written decisions. If benefits are denied or stopped, request the full decision with reasons and the applicable legal provisions, and note the appeal deadline.

Contact your mutuality caseworker. Clarify what additional medical information is needed and whether a permitted return to work could be authorized.

Seek legal advice early. Consult a lawyer in Hasselt who focuses on social security and insurance law. Bring your file and decision letters. Ask about appeal strategy, medical expertise, and costs. Check if you qualify for legal aid.

Protect deadlines. If an appeal is necessary, file in time with the labour court. Your lawyer can draft the petition and request the administrative and medical file.

Coordinate with other schemes. Inform your lawyer about any work accident claim, occupational disease file, unemployment benefits, or private disability insurance to avoid conflicts and overpayments.

Plan for reintegration. If you may work partially, discuss options with your treating doctor, the advising physician, and the occupational physician. Obtain written authorizations before starting.

Keep communication in writing. Confirm telephone discussions by email or letter and keep copies. This helps resolve misunderstandings and proves compliance.

Review your taxes and budget. Disability benefits have specific tax treatment. Consider interim support from OCMW if needed while a dispute is pending.

Take care of your health. Continue appropriate treatment and follow medical advice. Up to date medical records are essential for both your recovery and your legal file.