Legal assistance for Wajong and AAW benefits

Questioner

Ir/Madam, My husband (44) was recently diagnosed with autism combined with high sensitivity. He's been home without unemployment benefits since 2007 after a turbulent work history in various roles, with frequent absences due to illness, stress, and burnout. During the diagnosis process, we discovered that my husband is eligible for a Wajong benefit. According to us, the GP, and the mental healthcare provider, his capacity to work is limited to a few hours. We understand that, since my husband was born before January 1, 1980, and he will be submitting a Wajong application after January 1, 2015, he can be assessed based on the rules of the old AAW regime. Now our question is, which rules would be best for the assessment? What are the advantages and disadvantages of each? For example, under the AAW rules, it would be possible to receive benefits retroactively for a year or longer. I would like to hear from you what the best steps are to take now and what pitfalls to avoid. Thank you in advance!

Questioner

Your husband can apply. The UWV must apply the law, which results in a system. You have no control over this. If the UWV applies the wrong system, the court will adjust it. The UWV/court will consider the views of the general practitioner (GP) and mental healthcare provider. However, the GP and mental healthcare provider do not decide whether a person is entitled to Wajong benefits. That is the UWV's responsibility. In principle, benefits can be awarded retroactively for one year, unless special circumstances apply (in which case a maximum of five years is applicable). I advise you to contact a specialized social security lawyer as soon as possible. They are members of the SSZ (Social Security Association). The first consultation is often free, such as at my office.

Questioner

Thank you very much for the quick response. The UWV itself has indicated that we can choose which regime our application will be assessed under: either the Wajong 2015 (current regime) or the old AAW regime. We can indicate this in our application. So the question remains: Which system is best for assessment? What are the advantages and disadvantages of each? This cannot be found anywhere and the UWV does not provide an answer. Armed with this knowledge, we can then look for a specialized social security law attorney and initiate the application process.

Questioner

The AAW regime is more favorable. You may have heard from the Customer Contact Center that you have a choice. However, they (Truus and Harry) are often wrong. My answer is the correct one.