UWV Disability Assessment for Residents of Leiden

UWV Disability Assessment in Leiden

For residents of Leiden, the UWV disability assessment is a key medical and occupational evaluation conducted by the Netherlands Employee Insurance Agency (UWV). This assessment determines whether an employee can still (partially) work after two years of illness and qualifies for benefits under the Work and Income (Capacity for Work) Act (WIA). In Leiden, where many people work in sectors like education and healthcare, this assessment follows the employer's mandatory wage continuation and is essential for establishing work incapacity.

What does a UWV disability assessment entail for Leiden residents?

The assessment is a structured process in which the UWV evaluates how illness or impairment affects the ability to work. The goal: to quantify work incapacity as a percentage, which determines the amount of the WIA benefit. This occurs after 104 weeks of illness, during which the employer must continue paying 70% of the salary. In Leiden, local factors—such as proximity to the LUMC for medical support—may play a role in gathering information.

The evaluation combines medical data (health status) with an analysis of suitable employment (appropriate jobs). The UWV uses the Claim Assessment for Disability (CBA) as its standard method. Possible outcomes include an IVA benefit for those fully and permanently incapacitated (around 75-80% incapacity) or a WGA benefit for partial incapacity, with a wage-related or follow-up component.

Legal basis of the assessment

The procedure is governed by the Work and Income (Capacity for Work) Act (WIA), which replaced the Disability Insurance Act (WAO) in 2006. Relevant provisions include:

• Article 39 WIA: Defines incapacity as the inability to earn at least 65% of previous salary in suitable work.
• Article 40 WIA: Describes the assessment of capacity for work, including medical limitations and employment prospects.
• Article 42 WIA: Sets criteria for IVA (fully and sustainably incapacitated) and WGA (partially incapacitated).
• Article 47 WIA: Requires the assessment after 104 weeks of waiting period.

The Social and Economic Council (SER) provides guidelines, and the UWV conducts the assessment independently in accordance with the General Administrative Law Act (Awb). For Leiden residents, the Legal Aid Office Leiden offers free advice on these rules.

The assessment process for people in Leiden

The process starts automatically as the two-year mark approaches. An overview in steps:

1. Application and preparation: Around week 91, the employee receives the Sickness Benefits/WIA form from the UWV. Supplement it with local medical reports, for example from the LUMC or an occupational physician in the Leiden region. The UWV retrieves additional data.
2. Medical examination: A UWV insurance physician assesses health through an interview and possibly a physical exam. This results in a 'list of functional capabilities' (FML) outlining limitations, such as no heavy lifting or limited walking.
3. Occupational analysis: Based on the FML, an expert reviews suitable jobs, taking into account the Leiden job market (e.g., office work at the Municipality of Leiden). Earning capacity is compared to previous salary, yielding a percentage (e.g., 80% incapacity if 20% earning capacity).
4. Decision: Within 8 weeks after week 104, the decision follows. Under 35%: no benefit; 35-80%: WGA; over 80% and sustainable: IVA.

Practical example from Leiden: Consider Marie, a nurse from Leiden with chronic back pain after a busy hospital shift. After two years, the assessment concludes she cannot lift or stand for long periods but can do administrative work. The expert estimates her earning capacity at 60% of her previous salary, suitable for jobs in Leiden's healthcare sector. Outcome: 40% incapacity, entitling her to a WGA benefit.

Rights and obligations during the assessment

Leiden residents have rights to a fair process:

• Access to the file and the ability to add personal medical information, such as from local specialists.
• Option for an interpreter or companion, possibly via the Legal Aid Office Leiden.
• Objection within 6 weeks (Awb, art. 6:3), with appeal to the District Court Leiden.
• Reassessment in case of deterioration (art. 48 WIA).

Obligations include:

• Full cooperation; refusal may result in termination of benefits (art. 70 Sickness Benefits Act).
• Sharing up-to-date medical data.
• Continuing reintegration efforts, such as job searching via the Municipality of Leiden.

Debates about the assessment's objectivity are common. The Legal Aid Office Leiden provides objection advice; in recent years, this has led to success in many regional cases through stronger medical evidence.

Comparison of IVA and WGA