What if the UWV rejects my WIA application?
If the UWV rejects your WIA application, you can file an objection with the UWV itself within 6 weeks. If the objection is also rejected, you can appeal to the court within 6 weeks. This procedure is important because many rejections are later overturned after further investigation.
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The short answer
You always have the right to object to a rejection of your WIA application. This must be done within 6 weeks of the decision. In the notice of objection, you explain why you disagree with the decision. The UWV then reviews your application again, often with additional research. If the objection is also rejected, you can still appeal to the court.
What does the law say?
The General Administrative Law Act (Awb) gives you the right to file an objection and appeal against any government decision. For WIA decisions, specific rules from the Work and Income (Ability to Work) Act apply. The UWV must properly motivate its decision and take into account all relevant information. You have the right to a fair reconsideration of your situation.
What should you pay attention to?
Pay close attention to the deadlines: you only have 6 weeks for both objection and appeal. Ensure good substantiation with medical information and possibly new data. It is wise to seek help from a lawyer or legal aid center, especially if your situation is complex.
Example from practice
Sandra receives a rejection because the UWV believes she can still work 40%, while she feels this is much less due to her back problems. She objects and has herself re-examined by a different doctor. This doctor concludes that Sandra can work much less due to pain and medication. The UWV then grants her a WIA benefit. This shows how important good substantiation and a possible second medical assessment can be.
What can you do?
Follow these steps to properly protect your rights:
Conclusion
A rejection of your WIA application is not final - you always have the right to object and appeal. With good substantiation and possibly legal assistance, you have the best chance of a positive outcome.
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