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IVA Reassessment Criteria in Rotterdam

Legal information in Rotterdam

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IVA Reassessment: criteria and steps

During an IVA reassessment, the UWV examines whether your incapacity for work still meets the strict criteria for an IVA benefit. This reassessment takes place during your benefit period, but also when you apply or if your situation changes. The UWV assesses your health, work capacity, and possibilities for recovery or adaptation. If your situation worsens or improves, this may affect your benefit.

What is an IVA reassessment?

An IVA reassessment is a new medical and administrative assessment by the UWV (Employee Insurance Agency). This takes place when:

  • You have been receiving an IVA benefit for more than 2 years (regular reassessment).
  • You apply for IVA and the UWV doubts your incapacity for work.
  • You have new medical information that may affect your incapacity for work.
  • The UWV suspects fraud or incorrect information.
The purpose is to check whether you still meet the strict IVA criteria, such as an incapacity for work percentage of 80% or higher and the absence of realistic prospects for recovery or adaptation.

Legal basis: which laws apply?

The IVA reassessment is governed by the following laws and regulations:

  • Work and Income according to Labour Capacity Act (WIA), in particular Book 7 (IVA).
  • Article 7:1, paragraph 1 WIA: \"An employee is fully incapacitated for work if, due to illness or disability, he is unable to perform work that matches his age, education, and experience, and this is irreversible.\"
  • Article 7:4 WIA: Assessment of incapacity for work and the possibility of recovery or adaptation.
  • Article 7:10 WIA: Regular reassessment after 2 years of IVA.
  • Exceptional Medical Expenses Act (Awbz) and Health Insurance Act (Zvw), as these also play a role in medical assessments.
The UWV strictly adheres to these laws. If your situation changes, this may lead to a reassessment, even if you have not yet received IVA for 2 years.

When does a reassessment take place?

There are different moments when the UWV can conduct a reassessment:

1. Regular reassessment after 2 years

After 2 years of IVA, a reassessment takes place automatically. This is laid down in Article 7:10 WIA. The UWV examines whether:

  • You are still 80% or more incapacitated for work.
  • There is no realistic chance of recovery (within 2 years).
  • There is no realistic chance of adaptation (for example, through other work).
Important: If your situation has improved, the UWV may decide to terminate your IVA and transfer you to a WIA benefit for partial incapacity for work (Wajong or IOW).

2. Reassessment due to change in health

If your health condition worsens or improves, you must report this to the UWV. This may lead to a reassessment, even if you have not yet received IVA for 2 years. Examples:

  • You receive a serious new diagnosis that further limits your work capacity.
  • You undergo a surgery or treatment that may lead to recovery or improvement.
  • You experience new complaints that further hinder your daily functioning.
Tip: Always report changes to the UWV, even if you think it has no impact. Incorrect information may lead to recovery of benefits.

3. Reassessment due to UWV doubts

The UWV may decide to reassess your case at any time if:

  • There are inconsistencies in your medical records.
  • You are no longer receiving medical treatment, whereas this was previously the case.
  • New information comes to light (for example, from your employer or doctor).
In such a case, you will receive an invitation for a reassessment. It is important to respond to this and possibly seek legal advice.

Which criteria are used in the reassessment?

The UWV assesses your situation based on three main criteria:

1. Incapacity for work percentage (80% or higher)

For IVA, your incapacity for work must be 80% or higher. This is determined by:

  • A medical examination report by a UWV doctor.

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