Best Social Security Disability Lawyers in Ommen

About Social Security Disability Law in Ommen, Netherlands

Social Security Disability in the Netherlands is part of the national social security system and applies equally in Ommen. The system is administered primarily by the Employee Insurance Agency UWV for employees and by municipalities for social assistance and local support. Key disability schemes include WIA for longer term work disability after 2 years of sickness, Wajong for people who became disabled at a young age, and Ziektewet for people who are sick and do not have an employer paying wages. The municipality of Ommen also has responsibilities under the Participatiewet for income support and under the Wmo 2015 for practical support and facilities.

Employee sick pay and reintegration duties start with your employer. For the first 104 weeks of sickness, the employer generally must continue paying at least 70 percent of wages and both employer and employee must work on reintegration. Shortly before the end of that period, you apply for a WIA benefit with UWV. UWV medical and vocational experts assess your lasting work capacity and entitlement. If you do not qualify for WIA, you may still be able to receive municipal social assistance or practical support locally in Ommen.

Why You May Need a Lawyer

Many people navigate disability benefits without legal help. However, legal assistance can be valuable when your situation is complex or a decision has significant consequences for your income or employment. You may need a lawyer if your WIA or Wajong application is denied, if UWV sets your disability percentage lower than you believe is accurate, or if you face a review that reduces or terminates your benefit. A lawyer can also help when you disagree with the employer’s reintegration plan, when the employer stops paying wages during sickness, or when UWV imposes a wage sanction on the employer that affects your position.

Other common reasons include questions about what medical information must be shared, how to prepare evidence for UWV assessments, how working part time affects a WGA benefit, whether you qualify for an IVA benefit due to permanent and full incapacity, or how to meet strict objection and appeal deadlines. People who are self-employed or on flexible contracts often benefit from tailored advice about Ziektewet, private disability insurance, or municipal support.

Local Laws Overview

Wet verbetering poortwachter sets the framework for the first 104 weeks of sickness. Employer and employee must draw up a plan of action, evaluate progress, and try suitable work. UWV checks these efforts when you apply for WIA and can extend the employer’s wage payment duty if reintegration efforts were insufficient. During sick leave, your employer may only receive functional information from the company doctor, not your diagnosis, and must consider reasonable adjustments and suitable work within the organization before looking externally.

WIA covers work disability after about 2 years of sickness. You apply around week 93 with a reintegration file. UWV determines your loss of earning capacity by comparing your residual earning capacity to your previous wage. If your loss is at least 35 percent, you may qualify. There are two main WIA benefits. WGA is for partially disabled people or those who may recover. IVA is for people who are fully and permanently incapacitated. Under WGA, your benefit type and amount depend on your work history and whether you earn at least about half of your residual capacity. Under IVA, you receive a higher and more stable benefit because incapacity is considered durable.

Wajong provides income for people who became disabled at a young age and have long term limitations to work capacity. Current rules focus on lasting and substantial restrictions that started before age 18 or during education. Ziektewet provides sickness benefits if you are sick and do not have an employer paying wages, such as temporary agency workers, on call workers, or if you become sick shortly after your contract ends. The municipality of Ommen implements the Participatiewet for income support when national insurance does not apply and the Wmo 2015 for practical support, adaptations, and participation. Social assistance is means tested.

If you disagree with a UWV decision, you can file an objection known as bezwaar within 6 weeks of the date on the decision letter. If UWV maintains its decision, you can appeal to the administrative court in the Overijssel district and then to the Central Appeals Tribunal if necessary. Strict deadlines apply, and a short pro forma objection can be filed to hold your place while you gather evidence. Legal aid at reduced cost may be available depending on income and assets.

Frequently Asked Questions

What is the difference between WGA and IVA under WIA

Both are WIA benefits. WGA is for people who are partially disabled or not permanently incapacitated. You may work and your earnings influence the benefit. IVA is for people who are fully and durably incapacitated to work. IVA benefits are higher and more stable because recovery is not expected soon. UWV’s insurance physician and labor expert decide which applies based on medical durability and remaining work capacity.

When should I apply for WIA

You generally apply in week 93 of sickness so that UWV can decide by the end of the 104 week wage continuation period. You submit the reintegration report, medical information to the company doctor, and other documents requested by UWV. Missing deadlines can delay payment or harm entitlement.

What if my loss of earning capacity is under 35 percent

If UWV assesses a loss under 35 percent, you will not receive a WIA benefit. You may still work, seek adjustments, or request municipal support under the Participatiewet if needed. You can object to the assessment if you disagree and provide additional medical or vocational evidence.

Can I work while receiving WGA

Yes, and it is encouraged. If you earn at least roughly half of your assessed residual capacity, you may receive a more favorable WGA supplement. If you earn less than that threshold, your benefit can shift to a less favorable type. Always report earnings to UWV to avoid overpayment.

What medical information does my employer get during sick leave

Due to privacy rules, your employer should not receive your diagnosis. The company doctor shares only information about what you can and cannot do, expected duration, any necessary accommodations, and reintegration recommendations. You share medical records directly with the company doctor or UWV, not with your manager.

What is the Wet verbetering poortwachter and how does it affect me

It is the Gatekeeper Improvement Act that sets duties for employer and employee during the first 2 years of sickness. You must both work on reintegration, keep a plan of action, and evaluate progress. If the employer did not do enough, UWV can extend the wage payment duty, delaying WIA. If you did not cooperate without valid reason, your wage can be paused temporarily.

Do self-employed people in Ommen have disability coverage

Self-employed people are generally not insured under WIA. Many take private disability insurance. If sickness causes income loss, you may seek municipal support under the Participatiewet or Bbz for entrepreneurs in specific situations. If disability started before 18 or during education, Wajong may be relevant.

How do I challenge a UWV decision I disagree with

File a written objection bezwaarschrift within 6 weeks of the date on the decision letter. You can file a short pro forma objection to meet the deadline and submit reasons and evidence later. UWV may invite you to a hearing. If the objection is denied, you can appeal to the administrative court in Overijssel and then to the Central Appeals Tribunal.

What evidence helps in a WIA or Wajong case

Useful evidence includes recent medical specialist letters, diagnostic reports, treatment summaries, medication lists, records from your general practitioner, statements from therapists, and documentation about how limitations affect daily activities. Vocational information like job descriptions, failed reintegration attempts, and performance limitations can also help. Submit evidence in time and keep copies.

Can young people in Ommen apply for Wajong

Yes, if they meet national criteria. Wajong is for people with long term and substantial limitations that started before age 18 or during education. The focus is on sustainable limitations to work capacity. UWV assesses medical information and ability to work with support. If Wajong is denied, municipal support for participation or income may be available.

Additional Resources

UWV Employee Insurance Agency handles WIA, Wajong, and Ziektewet. You can contact UWV by phone or through the Mijn UWV portal. Appointments are usually at the regional office such as Zwolle for people living in Ommen.

The municipality of Ommen provides social assistance under the Participatiewet and practical support under the Wmo 2015. You can contact the municipal Werk en Inkomen desk and the Wmo access point or social district team for assessments and applications.

The Social Insurance Bank SVB administers other national benefits like old age pensions and child benefits. Although not a disability insurer, coordination with SVB can matter in complex household income situations.

Het Juridisch Loket offers free first line legal information and can assess eligibility for subsidized legal aid. Social counselors sociale raadslieden and client support organizations such as MEE in Overijssel can assist with forms and preparation.

Trade unions such as FNV and CNV provide member support for reintegration disputes, wage continuation during sickness, and UWV procedures. Independent patient and client councils and disability advocacy groups can also provide guidance.

Healthcare and support cost information can be obtained from your health insurer and the CAK regarding contributions for certain Wmo services or long term care arrangements.

Next Steps

Collect your documents. Keep sick leave records, the reintegration plan, company doctor reports, job descriptions, and all UWV letters. Ask your treating physicians for clear and recent medical summaries that describe diagnoses, treatment, prognosis, and functional limitations.

Check your deadlines. Note the 93 week WIA application point and the 6 week objection period after any adverse UWV decision. If time is short, file a pro forma objection to protect your rights and then submit detailed grounds and evidence.

Coordinate with your employer. Make sure the reintegration report is complete and accurate before WIA application. Ask for adjustments and suitable work where possible. If there is a dispute about duties or suitable work, seek advice early.

Contact local support. For income or practical support beyond national insurance, contact the municipality of Ommen for Participatiewet or Wmo assessments. Ask the social district team about available services, transport, or home adaptations.

Consider legal advice. A lawyer or legal aid provider can review your file, prepare you for UWV assessments, draft objections and appeals, and represent you in hearings. Ask about eligibility for subsidized legal aid based on your income and assets.

Keep communicating with UWV. Respond promptly to requests, attend assessments, and report any changes in your health or work situation. If you start working while on WGA, report earnings to avoid overpayment.

This guide provides general information and is not a substitute for legal advice about your specific situation. If you are in Ommen and need assistance with Social Security Disability, reach out to a qualified professional as early as possible to protect your rights and secure the support you need.