Best Social Security Disability Lawyers in Diever

About Social Security Disability Law in Diever, Netherlands

In the Netherlands there is no single program literally called Social Security Disability. Instead, residents of Diever rely on several national systems that together cover loss of income due to illness or disability and provide practical support. The most important schemes are WIA for long term work disability after two years of sickness, Ziektewet for people without an employer during sickness, Wajong for young people whose disability limits their ability to work, and municipal support under the Wmo 2015 for everyday assistance such as home help or mobility aids. These programs are administered nationally, mainly by UWV for employee insurances and by municipalities for social support, and they apply uniformly throughout the country, including in Diever.

WIA is the central income protection scheme for employees who have been ill for 104 weeks. It has two branches. WGA covers people who are partially disabled or temporarily fully disabled. IVA is for people who are fully and durably disabled. Before WIA starts, most employees receive continued wage payment during sickness from their employer for up to 104 weeks, with reintegration efforts guided by the Wet verbetering poortwachter. People without an employer, such as some temporary workers or those whose contract ended while ill, may receive a Ziektewet benefit from UWV. Young people who became disabled at a young age and have little or no work capacity may qualify for Wajong. Practical support for living independently, transport, or home adaptations is arranged through the municipality under the Wmo 2015.

Because these systems are national, living in Diever means you use the same rules as elsewhere in the Netherlands, but you access some services locally through the municipality of Westerveld, which includes Diever. UWV decisions can be challenged through objection and appeal, and legal assistance can make a major difference at each stage.

Why You May Need a Lawyer

Many people seek legal help when their WIA, Ziektewet, or Wajong application is denied or when the awarded benefit type or percentage is lower than expected. Disputes often focus on the medical assessment by the UWV insurance physician, the Functional Abilities List, or the labor expert’s job matching and residual earning capacity calculations. A lawyer can review your medical file, identify gaps, obtain expert opinions, and argue how your limitations affect real work capacity.

Legal advice is also valuable if UWV imposes a sanction, for example a reduction due to alleged insufficient reintegration efforts, or if your employer receives a sanction that affects you, such as extended wage payment. If you face reassessment leading to a downgrade from IVA to WGA, a termination of Ziektewet, or a claim of overpayment and recovery, timely legal action within strict deadlines is crucial.

People who are self employed encounter specific issues because self employed workers are generally not insured under WIA or Ziektewet. A lawyer can explain alternatives such as social assistance under the Participatiewet, support for entrepreneurs, municipal Wmo measures, and private disability insurance disputes. Cross border situations, for example if you worked abroad or receive care across regional borders, raise coordination questions under EU regulations that a lawyer can navigate.

Finally, a lawyer can prepare you for UWV interviews and hearings, help you assemble a complete reintegration file, and represent you in objection and appeal if needed.

Local Laws Overview

Employee income protection during illness follows a national framework that applies in Diever. Employers must continue paying wages for up to 104 weeks and, together with the employee, must actively work on reintegration under the Wet verbetering poortwachter. Around week 88 of sickness, the employee applies for WIA with UWV. The employer and employee provide a comprehensive reintegration file, including problem analysis, plan of approach, evaluations, and the end report. UWV checks whether both parties met their obligations. If not, UWV can sanction an employer with an extension of wage payment, and in some cases can reduce a benefit if the employee did not cooperate without valid reason.

WIA entitlement depends on medical and vocational assessments. The threshold is at least 35 percent loss of earning capacity compared to suitable work. WGA is for people 35 percent to 80 percent disabled or for those 80 percent to 100 percent but not durably so. IVA is for people 80 percent to 100 percent disabled with durable limitations. Ziektewet covers sickness for people who do not have an employer, for example certain temporary workers or people whose contract ended during sickness. Wajong supports young people whose work capacity is structurally limited from a young age.

Municipal support is provided under the Wmo 2015 and the Participatiewet. The municipality of Westerveld, which includes Diever, is responsible for household support, aids and adaptations, transport facilities, and independent client support. Work participation and income support for people who cannot rely on employee insurances fall under the Participatiewet. Privacy and medical data are protected under the AVG, and UWV medical information is handled with confidentiality.

Procedural rules are set by administrative law. After a UWV decision, you generally have six weeks to file an objection. If the objection is rejected, you have six weeks to appeal to the district court. A further appeal can be made to the Centrale Raad van Beroep. Missing a deadline can end your case, so timely action is essential.

Frequently Asked Questions

What disability related benefits exist in the Netherlands for someone in Diever

The main schemes are WIA for long term work disability after 104 weeks of illness, Ziektewet for people who are sick without an employer, and Wajong for young people with a lasting work limitation. Practical help is arranged through the Wmo 2015 at the municipality. These programs apply nationwide, so the same rules apply in Diever as elsewhere.

How does UWV decide whether I qualify for WIA

UWV conducts a medical assessment to determine your functional limitations and a labor expert assessment to identify suitable jobs and your residual earning capacity. If your loss of earning capacity is at least 35 percent, you can qualify. The degree and durability of your limitations determine whether you receive WGA or IVA.

What is the difference between WGA and IVA

WGA is for partial disability, generally 35 percent to 80 percent, or for people who are fully disabled but not durably so. IVA is for people who are at least 80 percent disabled with durable limitations, meaning recovery is not expected or only minimal. IVA usually provides a higher and more secure benefit than WGA.

Can I work while receiving WIA or Wajong

Yes, working is often possible and encouraged within your limitations. In WGA, your earnings can affect the amount of benefit through a top up mechanism. In IVA, you can sometimes work a limited amount if your capacity allows, but you must report changes. In Wajong, work is combined with support and wage supplements depending on your capacity.

What if my WIA or Ziektewet application is denied

You can file an objection within six weeks of the decision letter. In your objection, address both medical and vocational aspects and include additional medical evidence if available. If the objection is rejected, you can appeal to the court within six weeks. A lawyer can help structure arguments, meet deadlines, and request expert opinions.

Do I need to involve my employer during the WIA process

Yes, until the end of the 104 week sickness period your employer and you share reintegration obligations under the Wet verbetering poortwachter. Both parties must document efforts in the reintegration file. UWV will review this. Failure by an employer can lead to extended wage payment. Failure by an employee without valid reason can affect entitlement or benefit level.

Are non Dutch citizens living in Diever eligible

Eligibility depends on insurance and residence. WIA and Ziektewet are employee insurances. If you were insured as an employee when you became ill, you can qualify regardless of nationality. Wajong and municipal support depend on lawful residence and meeting their specific criteria. EU coordination rules can apply in cross border cases.

I am self employed. What are my options if I become disabled

Self employed workers are not automatically insured for WIA or Ziektewet. Options include private disability insurance, social assistance under the Participatiewet if income and assets are limited, municipal support under the Wmo 2015, and in some cases schemes for entrepreneurs. If you were employed and insured when you became ill, WIA may still apply. Legal advice can clarify your position.

What documents should I prepare for an application or appeal

Typical documents include medical records from your GP and specialists, medication lists, physiotherapy reports, psychological assessments if relevant, a symptom diary, employer communications, reintegration plans and evaluations, and any independent expert opinions. For appeals, include the UWV decision, your objection or appeal letter, and any new evidence.

How much does a lawyer cost and is legal aid available

Costs vary. People with lower incomes may qualify for subsidized legal aid through the Raad voor Rechtsbijstand, which reduces fees. Many lawyers offer an initial orientation at low or no cost and can assess eligibility for legal aid. Always ask for a clear fee arrangement before starting.

Additional Resources

UWV handles WIA, Ziektewet, Wajong, and reintegration assessments. Contact UWV for applications, assessments, decisions, and objections. Keep copies of all correspondence and note deadlines.

The municipality of Westerveld, which includes Diever, operates the Wmo desk and social services. They provide household support, aids and adaptations, transport facilities, independent client support, and guidance under the Participatiewet. You can ask for an assessment and a report of findings.

Het Juridisch Loket offers free first line legal information and can refer you to specialized lawyers. Sociaal raadslieden and client support organizations can help prepare applications and accompany you to meetings.

The Raad voor Rechtsbijstand manages subsidized legal aid. Trade unions such as FNV and CNV provide member support for social security disputes. Patient and disability organizations, such as Iederin and condition specific groups, offer information, peer support, and practical tips for dealing with UWV and municipalities.

The Sociale Verzekeringsbank handles national insurance benefits like AOW and certain supplements. For long term care questions, the Wlz and the CAK for contributions may be relevant.

Next Steps

If you think you may qualify for a disability benefit, start by gathering your medical records, a clear timeline of your illness, and any work related documents such as reintegration plans. If you are nearing week 88 of sickness, prepare your WIA application and ensure your reintegration file is complete. If you do not have an employer, contact UWV about Ziektewet and ask what documents you need.

If you received a UWV decision you disagree with, note the date and calculate the six week objection deadline. Seek legal advice quickly so there is enough time to review your file, request medical information, and draft arguments. Ask your doctor for a concise letter that explains your diagnosis, symptoms, functional limitations, and prognosis. Consider an independent medical or vocational opinion if appropriate.

For practical support at home, contact the Wmo desk of the municipality of Westerveld to request an assessment. You can bring someone you trust to any meeting. Ask for the report of findings and check that it reflects your situation. If you disagree with a municipal decision, you can object within the stated term, usually six weeks.

When choosing a lawyer, look for experience with UWV procedures, WIA WGA IVA distinctions, Ziektewet, Wajong, and municipal Wmo matters. Ask about legal aid eligibility and fee structure. Prepare a short summary of your case and a list of questions so you can use your consultation time effectively.

Keep all communications and decisions in one place, use written confirmations, and do not miss deadlines. If you need help understanding letters or speaking Dutch, request language support or bring an interpreter. Timely and well prepared action greatly improves your chances of a successful outcome.