Best Social Security Disability Lawyers in Delft

About Social Security Disability Law in Delft, Netherlands

The Netherlands has a structured social security system that covers people who cannot work because of illness or disability. In Delft the system works the same as in the rest of the country. Key benefit schemes include WIA - Wet werk en inkomen naar arbeidsvermogen - for long-term incapacity after a two-year period of sickness, Wajong for young people with disabilities, and Ziektewet for certain sickness benefits when no employer is obliged to continue paying wages. The Uitvoeringsinstituut Werknemersverzekeringen - UWV - administers most disability assessments and payments. Local authorities such as Gemeente Delft may be involved for municipal support or social assistance. Employers, company doctors, reintegration professionals, and the courts also play roles in determining rights and obligations.

Why You May Need a Lawyer

Disability and work-capacity cases combine medical, administrative, and employment-law elements. A lawyer can help when:

- Your WIA or Ziektewet application is denied or the benefit level is disputed.

- UWV issues an assessment you disagree with about your work capacity or expected recovery.

- Your employer fails to meet reintegration or wage-payment obligations during the two-year sickness period.

- You need to prepare and present medical and occupational evidence, including reports by the bedrijfsarts - company doctor - and an arbeidsdeskundige - labour expert.

- You want help with formal procedures such as filing bezwaar - objection - and beroep - appeal - and meeting tight legal deadlines.

- You face sanctions, reductions, or complicated partial disability decisions that affect income and future employability.

Local Laws Overview

Key legal elements relevant in Delft include:

- Employer obligations - During the first two years of sickness employers must normally continue to pay a large part of wages and must actively support reintegration. Employers must work with the employee, the bedrijfsarts, and reintegration specialists to return the employee to work where possible.

- WIA - After roughly two years of sickness the employee can apply for WIA. UWV assesses the degree of income loss and work capacity. There are two main WIA tracks: IVA - for those fully and permanently disabled - and WGA - for those partially capable of working or with a prospect of recovery. Benefit levels vary by percentage of incapacity and prior earnings.

- Ziektewet - If you are ill and you do not have an employer who continues pay, or in some other special situations, a sickness benefit under Ziektewet may apply, administered by UWV.

- Wajong - For young people with a long-term disability that started before or at the start of working age, Wajong provides support and benefits, often combined with customised reintegration measures.

- Assessment process - UWV decisions rely on medical information, company doctor reports, vocational assessments, and reintegration records. You should ensure the file is complete and medically supported.

- Appeals and time limits - Administrative procedures require you to file an objection within a limited period after a decision, commonly six weeks. If the objection is unsuccessful you can often appeal to the court. Other remedies, such as employment tribunals for wage disputes, may have different routes and timelines.

- Local support - Gemeente Delft handles municipal social assistance and may provide tailored reintegration support or income support if national benefit schemes do not apply.

Frequently Asked Questions

What is the first step if I become ill and cannot work?

Report your sickness to your employer immediately and follow their sickness-reporting procedure. See the bedrijfsarts for an assessment and keep written records. Your employer should start reintegration planning and continue wage payment according to the employment contract and legal requirements.

When can I apply for WIA benefits?

You can apply for WIA when you are still ill after the two-year sickness period. UWV will assess your work capacity and expected income loss. The employer and company doctor reports are important for this application.

What is the difference between IVA and WGA?

IVA is intended for people who are fully and permanently incapacitated and have little or no chance of recovery. WGA covers people who are partially incapacitated or have a reasonable prospect of returning to work. WGA payments and duration depend on the percentage of capacity loss and work history.

What should I do if UWV rejects my claim or gives an assessment I disagree with?

First, request a written decision and collect all relevant medical and reintegration records. File a formal objection - bezwaar - within the legal deadline, usually six weeks. If the objection is denied, you can appeal further to the court. A lawyer or legal advisor can help prepare a strong case and the necessary expert evidence.

Can my employer refuse to pay my salary during illness?

In most cases the employer must continue to pay a large part of wages for up to two years. If the employer fails to pay, you can take action through the kantonrechter - subdistrict court - or seek legal advice to enforce your rights. Keep pay slips and communications as evidence.

How important are the company doctor and reintegration records?

They are very important. UWV relies on the bedrijfsarts reports, reintegration plans, and records of the employer-employee efforts to facilitate return to work. Make sure you cooperate with assessments, keep copies of reports, and document steps taken to reintegrate.

Do I need a lawyer for an objection or appeal?

It is possible to file an objection yourself, but cases often turn on medical and vocational evidence and procedural rules. A lawyer experienced in social security and labour law can improve the chances of success, help obtain supportive expert reports, and ensure deadlines and procedural requirements are met.

Are there free or low-cost legal help options in Delft?

Yes. The Juridisch Loket provides free basic advice. If you qualify financially you may be eligible for subsidised legal aid via the Raad voor Rechtsbijstand. Check if you have rechtsbijstandverzekering - legal expenses insurance - which can cover a lawyer.

What evidence helps support a disability claim?

Comprehensive medical records, specialist letters, objective test results, the company doctor report, reintegration plans, employer correspondence, salary records, and vocational assessments from an arbeidsdeskundige. Statements about functional limitations and daily activities can also be helpful.

How long do WIA proceedings and appeals typically take?

Initial UWV assessments can take weeks to a few months. Formal objection procedures add more time - months in many cases. Court appeals can take several months to a year or longer. Start the process early, and seek interim support if you need immediate income.

Additional Resources

UWV - the national agency that handles sickness and disability benefits and assessments.

Gemeente Delft - local municipal office for social assistance, employment support, and reintegration programs.

Juridisch Loket - free initial legal advice and guidance on procedures and rights.

Raad voor Rechtsbijstand - administers subsidised legal aid for qualifying applicants.

Centrale Raad van Beroep - the highest administrative court for social security cases where further appeal may be possible after lower courts.

Trade unions and worker associations - such as FNV and CNV - which provide advice and legal assistance to members on work-related disability issues.

Bedrijfsarts and certified re-integration specialists - for medical assessments and reintegration planning.

Next Steps

1. Collect documents - Gather medical records, company doctor reports, payslips, employer correspondence, and any reintegration plans or evaluations. Create a clear file with dates and copies.

2. Talk to your employer and bedrijfsarts - Maintain regular communication, participate in reintegration steps, and request copies of all reports placed on your file.

3. Check deadlines and file quickly - If you receive an adverse decision from UWV, note the deadline for bezwaar, typically six weeks. Missing deadlines can lose your right to appeal.

4. Get advice - Contact Juridisch Loket for initial guidance. Check if you have legal expenses insurance or qualify for subsidised legal aid. Consider consulting a lawyer who specialises in social security and labour law to review your case and represent you in objections or appeals.

5. Prepare evidence - Work with your doctor, specialists, and an arbeidsdeskundige to get clear statements about your functional capacity and employability. A well-documented file improves outcomes.

6. Explore interim income options - If benefits are delayed or reduced, ask Gemeente Delft about temporary municipal support and explore other available income or care arrangements.

7. Choose representation - If you hire a lawyer, ask about experience with UWV cases, fee structures, likely timeline, and success strategy. Keep copies of all submissions and confirm representation in writing.

Taking prompt, organised steps and seeking specialist advice early increases the chance of a favorable outcome. If you are unsure where to start, begin with Juridisch Loket or your union and keep a clear record of all communications and medical evidence.