Is UWV's decision on Wia benefits correct?

Questioner

Since September 12, 2018, I have been receiving a WGA benefit from the UWV due to PTSD, anxiety disorder and serious back pain. I have been undergoing various treatments since 2016, including physiotherapists, psychologists, etc. I am currently on the waiting list for specialized mental health care due to a serious relapse. My WGA benefit was about to expire. The UWV stated in January/February 2023 that they would contact me in approximately June/July 2023 to ask how things were going. If the situation was still the same, a final interview would take place at the end of September and my WGA would be converted to IVA. Unfortunately, my situation has not changed and has even worsened. I did not hear anything from the UWV and I received an invitation at the beginning of September for the office on September 21, 2023. There I was told that they considered me too young to be definitively declared unfit for work and that I would get better if I started doing volunteer work with the ultimate goal of working for a salary again. They referred me to a reintegration agency. I myself chose an agency that specializes in high sensitivity because in addition to my diagnoses I am also extremely highly sensitive. The hsp coach I went to thought it was bizarre that the UWV suddenly made this decision and thinks that this will put more mental pressure on me, which will hinder my recovery. I would like to ask you if the UWV was not too late with the decision. On September 12, 2018 my WGA started and on September 21, 2023 I was told that they cannot reject me due to my age. If I had been 60, it would have been a different story according to the UWV.

Lawyer

First of all, it is important to know that the UWV's decisions are always open to objection and appeal - so you do not have to simply accept the decision if you disagree with it. It may happen that a decision is taken too late in your eyes. From your message I understand that the UWV previously indicated that they would contact you in the summer, but only did so in the fall. The UWV is bound by certain regulations regarding deadlines, but there is room for interpretation and sometimes you as a citizen have to take action yourself to protect your rights. As for the decision itself: it is really the UWV's job to assess whether and to what extent someone is incapacitated for work. It is true that age can be a factor in that assessment, but it should not be the decisive factor. Do you perhaps have the idea that your age weighs disproportionately heavily in their decision? Sometimes, when a case is complex, it can be useful to have an independent medical assessment carried out. An independent medical specialist can then look at your situation and give an objective assessment of your ability to work. This can help to determine whether the decision of the UWV is reasonable. In this case I would advise you to seek legal help to assess your situation and advise you on the next steps. This can be in the form of a lawyer, but also a trade union or interest group can offer help. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.