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).
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**.
- **Not be able to work** for pay.
- Be **permanently work disabled**.
- Have a disability that lasts **at least 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.
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.