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Medical-legal prognosis assessment for the sustainability of work disability (IVA criteria vs. WGA) - Westland

In Westland, the sustainability of work disability is assessed through a medical-legal prognosis. Learn about the IVA and WGA criteria and what this means for your benefit. Assistance via Juridisch Loket Westland and Rechtbank Den Haag.

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Medical-legal prognosis assessment for the sustainability of work disability (IVA vs. WGA) in Westland

For a **work disability benefit** (IVA or WGA) in the Westland region, the **sustainability** of your work disability must be established. This is done through a **medical-legal prognosis assessment**, in which the UWV and the **Rechtbank Den Haag** (district court) analyze your future recovery prospects. Do you qualify for **IVA** (full and permanent work disability) or **WGA** (partial work disability)? This article for Westland explains the procedure, criteria, and legal basis, including assistance via the **Juridisch Loket Westland**.

Why is the prognosis assessment crucial for residents of Westland?

A **medical-legal prognosis assessment** evaluates your expected work capacity in the long term, based on medical facts and legal standards. For residents of Westland, this determines whether your disability is **permanent** and whether you are entitled to **IVA** (income supplement scheme for fully disabled persons) or **WGA** (Work Resumption Benefit for Partially Disabled Persons).

Both the **UWV** and the **Rechtbank Den Haag** use this prognosis to assess:

  • Whether your work disability will last **at least 15 years** (IVA criteria).
  • Whether recovery within **15 years** is realistic, despite partial disability (WGA).
The difference between IVA (full benefit) and WGA (partial benefit with reintegration obligations) is significant for your income.

Legal framework: Key WIA articles for Westland

The procedure falls under the **Work and Income According to Labour Capacity Act (WIA)**. Relevant provisions:

  • Article 24 WIA: Defines **full work disability (IVA)**.
  • Article 25 WIA: Regulates **partial work disability (WGA)**.
  • Article 26 WIA: Sets requirements for **prognosis and sustainability**.
For **IVA**, you must:
  • **Not be able to work** for pay.
  • Be **permanently work disabled**.
  • Have a disability that lasts **at least 15 years**.
For **WGA**, the disability is permanent, but with a possible recovery chance within 15 years.

The assessment procedure at UWV Westland

The UWV follows a **step-by-step method** for the prognosis assessment:

1. Thorough medical examination

First, there is a **medical examination**:

  • **Consultation with UWV doctor** or specialized doctor in the Den Haag/Westland region.
  • **Physical and mental tests** (e.g., for rheumatism, PTSD, or cancer).
  • **Functional tests** such as grip strength measurement or mobility tests.
This report is essential for the legal analysis.

2. Comparison of IVA and WGA criteria

Core criteria for sustainability:

Criterium IVA (full & permanent) WGA (partial)
Sustainability At least **15 years** disability Permanent, but recovery <15 years possible
Recovery prospect No chance of work Partial recovery within 15 years feasible
Age effect Often >50 years (not decisive) All ages, depending on prognosis
Medical basis Irreversible chronic illness Improvement possible, not full

Legal steps for objection in Westland

Disagree with the UWV decision? File an **objection** with the UWV and, if necessary, go to the **Rechtbank Den Haag**. The **Juridisch Loket Westland** offers free initial assistance: call or visit for personal advice on IVA/WGA matters.

Practical tips for residents of Westland

  • Gather **complete medical records** for your appointment.
  • Consider an **independent medical statement** in addition to the UWV examination.
  • Contact **Juridisch Loket Westland** for free support.
  • In court cases: Rechtbank Den Haag handles WIA cases from this district.

Last update: current WIA case law from Rechtbank Den Haag. Always consult professionals for your situation.