Legal Assistance with WIA Benefits | Legal Aid Clinic
Questioner
I have been working for employer X for almost 25 years. And unfortunately I have been ill for almost 2 years now. That is why the process for a WIA benefit was started some time ago with the full cooperation of the employer. Based on the information provided and after medical assessment, the UVW has declared me 100% incapacitated for work. After receiving the UWV decision, the employer has now informed me that they are going to appeal against the decision. The reason they give for this is that they bear the risk of the benefit costs for a maximum of 10 years and therefore want to have insight into the correct determination of my benefit rights. They have outsourced the objection procedure to another company that works on a 'no cure no pay' basis. Apparently this company is going to ask the UWV to view my entire (medical) file. To ask: 1) Do I have to agree to the transfer of my entire file to this company if the UWV asks me to do so? 2) Are there any consequences if I refuse? If so, what are they? 3) will the WIA benefit be suspended (and will I therefore be left without income) as long as this objection procedure is ongoing? Note: The company promotes itself by systematically initiating objection procedures. Thank you for your response.Lawyer
No, you do not have to agree to the provision of your medical data. If you refuse, your employer/his authorized representative must call in a doctor. He will receive the medical file, but is bound by professional secrecy. In other words, he may not provide the medical data to the employer. The employer has no right to do so. No, your benefits will continue during the objection procedure. Your income is therefore guaranteed. As an interested party, you may/can join the objection procedure. You will then see what the employer is arguing. You can defend yourself against it. I advise you to have a specialized lawyer assist you, such as me. If you do it yourself, it will be cheaper in the short term. However, the matter is so complicated that these costs outweigh the benefits. Furthermore, depending on the family income/assets, you may be eligible for legal aid.Questioner
Thank you very much for your response to my initial questions. I still have a few additional questions. Perhaps you would like to comment on these as well. To ask: 1) How should I indicate that I wish to join the objection procedure as an interested party? 2) Do I only see the correspondence between the third party involved and the UWV and do I have to actively participate in the discussion or am I free to do so? 3) The employer's aim is of course to reduce the benefit costs, e.g. in this case to convert the current decision WGA AO 100% to IVA. I will not be worse off financially as a result. But does it also happen that the UWV corrects the current decision to a lower AO class and as a result of which I will be financially affected by the employer's objection procedure? 4) Within what time frame should the entire objection procedure be completed? And is an appeal ultimately possible with the court? 5) if a WIA benefit has been started and is later reduced, is an WW benefit possible for the missing part? And is there a distinction between whether it initially concerned a WGA benefit or an IVA? Thank you for your response.Lawyer
Answers: 1. As soon as the employer objects, you will receive a message from the UWV; 2. You will receive the correspondence from the (authorized representative of the) employer. You can request the file from the UWV. This is a thick piece of paper and very technical, so it is difficult for the layman to understand. For this reason, it is a good idea to engage an expert lawyer; 3. Yes, that also happens; 4. the UWV must decide within 17 weeks after the end of the objection period. This period can be extended by 06 weeks. In the latter case, the period is 06 + 17 + 06 = 29 weeks after the decision. You and the employer can appeal against a negative decision to the Court within 06 weeks; 5. You are entitled to benefits in any case. You now have a WGA benefit, so that you will not be worse off if you are awarded an iVA benefit. If you suffer damage, you can in principle hold the employer or UWV liable for it.Neem de volgende stap
Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.