Best Social Security Disability Lawyers in Diever

About Social Security Disability Law in Diever, Netherlands

In the Netherlands, disability income support is provided through national social security laws that apply equally in Diever and the wider municipality of Westerveld. The key schemes are administered mainly by UWV, the Employee Insurance Agency. If you become ill or disabled and cannot work at your previous level, you may qualify for support under WIA, the Work and Income according to Labor Capacity Act. WIA contains two routes: WGA for partial or not durable disability and IVA for full and durable disability. Other important schemes include ZW for sickness benefit if you do not have an employer paying your wages, Wajong for young people with a long term disability that started at a young age, and municipal assistance under the Participatiewet if you do not qualify for insurance based benefits. The Social Insurance Bank, SVB, handles other benefits such as state pension, but disability for working age residents is primarily through UWV.

For employees, Dutch law requires your employer to continue paying at least 70 percent of your wage during the first 104 weeks of sickness while you and your employer work on reintegration steps under the Gatekeeper Improvement Act. Around week 88, if recovery is not sufficient, you can apply for a WIA assessment by UWV. Your degree of earning capacity loss determines eligibility and payment level. Municipal services in Westerveld can support with income assistance and reintegration when national insurance benefits are not available.

Why You May Need a Lawyer

A disability claim involves medical assessments, complex rules, and strict deadlines. A lawyer can help you understand which scheme applies to you, prepare a strong application, and communicate effectively with UWV or the municipality. If your claim is rejected or your degree of disability is set lower than expected, a lawyer can guide you through objection and appeal and can help gather medical and vocational evidence to challenge the decision.

Common situations where legal help is valuable include disputes about the 35 percent threshold for WIA, disagreement with the UWV insurance physician or labor expert, problems during the employer reintegration process, sanctions for alleged non cooperation, transitions between ZW, WIA, Wajong, and municipal assistance, coordinating work while on benefits, cross border work histories, and questions for self employed persons who may not be insured under employee schemes.

Legal assistance is also useful if you face dismissal after long term sickness, if you need reasonable adjustments at work, or if you want to combine part time work with partial benefits without risking overpayment.

Local Laws Overview

National social security laws apply in Diever. The most relevant are WIA for disability after the first 104 weeks of sickness, ZW for employees without an employer paying sickness wages, Wajong for young disabled persons, and the General Equal Treatment Act regarding non discrimination on grounds including disability. Key employment rules include the duty of the employer to continue wage payment during sickness and to work on reintegration with you under the Gatekeeper Improvement Act. Dismissal during the first 104 weeks of sickness is restricted, with limited exceptions.

Municipal law and policy matter too. Under the Participatiewet, the municipality of Westerveld can provide social assistance, reintegration services, and wage cost subsidies for employers. Under the Social Support Act Wmo 2015, the municipality can provide practical support such as mobility aids, household help, and home adaptations aimed at participation and independent living. For long term intensive care, the Long term Care Act Wlz may apply, assessed by CIZ. Health care treatment is separate and covered through your health insurer under the Health Insurance Act.

Appeals in social security follow a national process. You first file an objection with the deciding body, usually UWV, within six weeks of the decision date. If you disagree with the objection outcome, you can appeal to the district court. A further appeal can be brought to the Central Appeals Tribunal, the highest court for social security matters.

Frequently Asked Questions

What counts as a disability for WIA?

UWV assesses whether, due to illness or impairment, you have lost at least 35 percent of your earning capacity compared with your former work. An insurance physician evaluates your medical limitations and a labor expert determines which suitable jobs remain and the related wages. The outcome is a percentage loss of earning capacity that drives eligibility and benefit level.

What is the difference between WGA and IVA?

WGA applies if you are 35 to 80 percent disabled or temporarily 80 to 100 percent but not durably. IVA applies if you are 80 to 100 percent disabled and your limitations are durable. IVA generally pays at a higher and steadier rate. WGA has stages such as a wage related benefit, followed by a wage supplement or follow up benefit depending on your earnings.

How do sick pay and WIA timing work for employees?

For the first 104 weeks of sickness, your employer usually pays at least 70 percent of your wage and must work with you on reintegration. Around week 88, apply for WIA with UWV. If the employer did not meet reintegration duties, UWV can extend the wage payment obligation. If you have no employer paying wages, you may receive ZW from UWV during sickness.

Can I work while on disability benefits?

Yes. The Dutch system encourages working to your capacity. Your benefit may be adjusted based on what you earn. In WGA, working can increase your net income through a wage supplement. You must report changes in your health and work to avoid overpayments.

What if UWV rejects my claim or sets too low a disability percentage?

You can file an objection within six weeks of the date on the decision letter. Provide additional medical records and a clear explanation of your limitations and work history. If the objection is denied, you can appeal to the court. A lawyer can help with strategy, expert reports, and meeting deadlines.

Do self employed people qualify for disability benefits?

Self employed persons are not automatically insured under WIA. Some have voluntary UWV insurance or private disability insurance. Without such coverage, you may need to apply for municipal social assistance under the Participatiewet if you cannot work and have limited means. Legal advice can clarify your options.

What is Wajong and who can get it?

Wajong supports people whose disability started at a young age and who have durable and significant limitations to work capacity. Eligibility depends on age at onset and current capacity to earn at least the minimum wage. Wajong can combine with work under specific rules.

How long does the process take?

From application to decision, UWV typically needs several weeks to a few months, depending on how quickly medical information is gathered and whether extra assessments are needed. Objections and court appeals can take several months. Keep copies of all documents and meet every deadline.

Are disability benefits taxable and do they affect other allowances?

Most benefits paid by UWV are taxable income and wage tax is withheld. Benefit levels can affect eligibility for housing benefit and health care allowance. Ask a tax advisor or a legal aid service if you are unsure.

I live in Diever. Does the municipality help besides income support?

Yes. The municipality of Westerveld provides support under Wmo 2015 for participation and independent living, and offers reintegration services under the Participatiewet. They can also advise on transport schemes, job coaching, and workplace adaptations in coordination with UWV where applicable.

Additional Resources

UWV Employee Insurance Agency for WIA, ZW, and assessments. Contact UWV by phone or visit a UWV Werkbedrijf office in the region.

Social Insurance Bank SVB for national insurance benefits not covered by UWV, such as state pension.

Municipality of Westerveld Social Affairs for Participatiewet income assistance, reintegration services, and Wmo 2015 support.

The Legal Aid Board system for subsidized legal assistance. Ask a lawyer if you qualify for a toevoeging and the expected own contribution.

The Legal Help Desk Juridisch Loket for free first line legal information and referrals.

Patient and disability advocacy organizations such as Iederin or Patientenfederatie Nederland for peer support and information about rights and participation.

Central Appeals Tribunal Centrale Raad van Beroep information materials on social security case law and procedures.

Occupational health services Arbodienst and your employer’s case manager for reintegration planning and documentation under the Gatekeeper rules.

Next Steps

Collect your documents. Gather medical records from your GP and specialists, your employment contract and pay slips, your reintegration plan and reports, and any correspondence from UWV or the municipality.

Check your deadlines. Note the date on any decision letter. Objection periods are short. Mark your calendar and act quickly.

Request your UWV file. You are entitled to see the medical and vocational assessments used in your case. Reviewing them helps identify what evidence is missing.

Consult a lawyer or accredited representative. Look for experience with WIA, ZW, and Wajong. Ask about legal aid eligibility, costs, and the proposed approach to your case.

Coordinate with your employer or case manager. Ensure your reintegration efforts and documentation meet Gatekeeper requirements. If you disagree with steps proposed, get advice before refusing, because non cooperation can affect benefits.

Prepare a clear personal statement. Describe your daily limitations, variability of symptoms, medication side effects, and how these affect work tasks like concentration, lifting, sitting, or interaction.

Consider work options safely. Discuss with your advisor how part time or adapted work interacts with benefits so you can improve income without risking sanctions or overpayment.

If you live in Diever, contact the municipality of Westerveld for Wmo or Participatiewet support alongside your UWV process. Combining supports can stabilize your situation while you wait for decisions.

Keep records of every call, appointment, and letter. A simple timeline can be invaluable during objections and appeals.

If your health changes, update UWV and your advisor promptly. Material changes can justify reassessment or adjustment of your benefit.