The legal specialists of De Unie assist you during various differences of opinion and conflicts in the workplace. To make it clearer what exactly you can do with us, we highlight a true situation every month. We describe the member's question, tell us what De Unie has done to resolve the situation and share the outcome. In this edition: the UWV wrongly stops a WGA benefit.
Our member was partially incapacitated for work and therefore had been receiving a WGA benefit from the UWV for some time. Meanwhile, he moved to the United States. Once he lived there, he received the message that the UWV wanted to carry out an inspection - he had to come to the Netherlands for this. Only: he was in the middle of his visa application at that time, and was therefore temporarily unable to travel back and forth. If he did leave the United States, he would not be able to return. But the UWV did not want to wait until he had his residence permit. So they suspended his benefits.
It is possible to move during your benefit. But wherever you live, the UWV can carry out an inspection. Then they check whether you are still entitled to your benefit and – in the case of partial disability – whether you have remained disabled just as much. If you live abroad, there are two options: the assessor comes to you or you go to the UWV, but your flight ticket and hotel room are reimbursed. You usually determine where your check will take place in consultation with the UWV.
This has De Unie done
As soon as the member was told he would be monitored, he contacted De Unie. This allowed us to take immediate action when the UWV asked him to come to the Netherlands. Our answer: he thinks it's fine to travel, but preferably wait another six months, then his residence permit will probably be in order. Moreover, this all takes place in 2020, when there were hardly any flights due to corona.
The UWV did not agree with the request for postponement, and stated in the same message that it is suspending the benefit. As a result, our member is suddenly without income. De Unie immediately appeals against this suspension. We also ask that the case be handled with priority, because otherwise our member will not receive any income for too long, but the UWV does not care: it will only become clear within five months what will happen to the benefit.
Because our member cannot wait that long, we are taking the case to court. We ask for a preliminary injunction there: the court then quickly issues a provisional decision, so that our member does not have to wait for the objection procedure.
Because we went to court, the UWV still tacked: they declared our objection to be well-founded. As a result, our member simply receives the benefit to which he is entitled.
Need help from our legal specialists?
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