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I’m writing on behalf of a friend.

She has a WIA/WGA benefit, and her employer has filed an objection against a recent UWV decision. The employer argues that UWV made the decision without a recent medical investigation.

Our main questions are:

1. Is there anything she can submit to UWV now that may help protect her position or reduce the chance of a new medical and/or labour assessment (her conditions are chronic and she was last assessed only a few months ago), such as a short written response or updated information from a treating physician?
2. If it is advisable to send a written response to UWV now, what should that response focus on? How can it be submitted, for example via Mijn UWV? Is there any deadline by which it should be submitted?
3. If UWV later proposes a hearing or reassessment, what are her rights regarding preparation and participation, for example requesting written questions/topics in advance or rescheduling if she is unwell?
4. If her employer has also sent a settlement proposal relating to the employment, is it generally safer to delay signing while the objection is ongoing, or can signing still be reasonable depending on the wording?

Your guidance would be much appreciated as there is some time sensitivity on her side.

Thanks in advance.

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1. Submitting Information to Protect Her PositionYes, she can and should submit a response. Because her employer filed the objection, your friend is legally involved in the procedure as a third-party stakeholder. Written Response (Zienswijze): She has the right to submit her own written view responding to the employer’s objection.Medical Evidence: A brief, updated statement from her treating physician confirming that her condition is chronic and unchanged since the last assessment is the strongest piece of evidence she can provide.Privacy Guardrail: The employer does not have the right to see her medical information. Any medical documents she submits will strictly be evaluated by the UWV Medical Department (Verzekeringsarts Bezwaar en Beroep).2. How and What to SubmitIf she decides to submit a response, here is how she should approach it:Focus of the Response: Keep it factual and objective. She should emphasize that her medical condition is chronic and unchanged, that she was comprehensively assessed just a few months ago, and that a new medical investigation is therefore disproportionate and unnecessary.How to Submit:Administrative Response: She can often upload her general written response via Mijn UWV under the specific open objection. If the employer’s objection isn’t visible in her portal yet, she can send it by registered mail, clearly referencing the case number (bezwaarzaaknummer). Medical Documents: To guarantee privacy from the employer, medical documents should be sent by postal mail in a securely closed envelope explicitly marked “Medische Gegevens”. Deadlines: If UWV sent her a letter informing her of the employer’s objection, that letter will state a specific deadline for her to react (often 2 to 4 weeks). If she hasn’t received a deadline yet, she should submit her response as soon as possible, ideally well before any scheduled hearing.3. Rights Regarding Hearings and ReassessmentsIf UWV proceeds with a hearing (hoorzitting) or a reassessment, your friend has extensive rights to ensure a fair process:Access to the File: She has the right to request and view her complete UWV dossier (inzien dossier) before the hearing so she can see exactly what her employer has argued.Preparation: She is absolutely allowed to prepare a written statement or a list of topics to read from during the hearing.Employer Exclusion: She and her employer both have the right to attend the hearing. However, the employer must leave the room for any part of the hearing that discusses your friend’s medical condition (unless the employer is represented by an authorized doctor or lawyer bound by professional confidentiality).Rescheduling: If her chronic illness flares up and she is genuinely too unwell to attend, she can request a postponement (uitstel). She should do this immediately upon receiving the invitation and, if possible, provide a brief medical substantiation for the request.4. The Settlement Agreement (VSO)It is generally much safer to delay signing the settlement agreement (Vaststellingsovereenkomst or VSO) until the objection is resolved.Here is why signing now carries significant risk:The Dependency Risk: The employer’s objection aims to change the UWV’s decision. If the employer wins and UWV decides your friend is less incapacitated than originally assessed (e.g., under 35%), she will lose her WIA benefit. If she has already signed a VSO terminating her employment, she could be left with no job, no salary, and no WIA benefit. WW Benefit Complications: If she loses her WIA benefit but applies for unemployment (WW), UWV might deny it if they determine she voluntarily agreed to unemployment by signing a VSO while sick or while her medical status was actively under dispute.The Safest Route: It is perfectly reasonable for her to tell her employer: “Because the WIA decision is currently under objection, I cannot safely evaluate this settlement proposal. We must wait until UWV issues its final decision on the objection.”If she must consider signing: The wording of a VSO during illness is incredibly delicate (it must confirm the 104-week waiting period has passed, she is not culpable, etc.). She absolutely must have it reviewed by a legal specialist before agreeing to anything.Does she currently have legal representation—like a union representative (FNV/CNV) or legal aid insurance (rechtsbijstandverzekering)—guiding her through this? If not, reaching out to the Juridisch Loket (Legal Desk) could be a highly valuable next step to help her review any UWV letters and the VSO safely.

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