Permanent Incapacity for Work in Zoetermeer

Permanent Incapacity for Work

Permanent incapacity for work means that a resident of Zoetermeer can no longer work permanently due to illness or impairment, with no prospect of recovery within five years. This typically results in an IVA benefit from the UWV. In this article for Zoetermeer residents, we explain what it means, how the assessment works, and your rights, including support from local services such as Het Juridisch Loket Zoetermeer.

What does permanent incapacity for work mean for Zoetermeer?

Permanent incapacity for work is a term from social security legislation. After two years of illness – the period of continued pay and waiting time for the WIA – the UWV assesses whether the incapacity is lasting and unlikely to improve in the foreseeable future. For Zoetermeer residents, this is relevant for long-term conditions that make work impossible.

Under the Work and Income (Capacity for Work) Act (WIA), this applies if:

• The incapacity exceeds 65% (fully unfit for work);
• Recovery is not expected within five years;
• The person is under the state pension age of 65.

Unlike temporary incapacity, where reintegration or part-time work is feasible, permanent incapacity qualifies for the Income Provision for Fully Disabled Persons (IVA): a lifelong benefit of 75% of the former salary.

Legal basis

The foundation for permanent incapacity for work under the WIA includes:

• Article 4(2) WIA: Definition of 'fully and permanently unfit for work' – lasting loss of more than 65% earning capacity without improvement.
• Article 47 WIA: IVA benefit for qualifying cases.
• Articles 39-43 WIA: UWV assessment, including Sickness Benefits and occupational assessment (ZWA).

The UWV relies on medical and occupational reports. You can object to decisions and appeal to the Zoetermeer District Court under the General Administrative Law Act (Awb), Article 7:1 et seq.

How does the UWV assess permanent incapacity for work?

After two years of illness, the UWV invites you to the Sickness Benefits and Disability Assessment (ZWA). The process for Zoetermeer residents involves:

1. Medical assessment: Insurance physician reviews complaints, treatments, and prognosis. Permanent if recovery chance is below 5% within five years.
2. Occupational assessment: Determines residual capacity against 'standard earnings'. Less than 35% leads to IVA.
3. Periodic review: Every 1-5 years, except for confirmed structural permanence.

The process usually takes 8-14 weeks. Active cooperation is required, or sanctions such as benefit reductions may apply.

Difference between permanent and temporary incapacity for work

This distinction determines your financial position. Comparison:

Read more about IVA and WGA.

Real-life examples from Zoetermeer

Example 1: Ms. Jansen (45) from Zoetermeer suffers from MS. Work is impossible despite treatments. UWV approves IVA: 75% of €2,500 = €1,875 net monthly, lifelong.

Example 2: Mr. De Vries (52) from Zoetermeer sustains paraplegia after an accident. Fully wheelchair-dependent, IVA after ZWA.

Example 3: Burnout with chronic depression: IVA possible with suicide risk and no recovery for years; otherwise WGA.

Medical prognoses are decisive here.

Your rights and obligations in Zoetermeer

Rights:

• Lifelong IVA (Article 47 WIA).
• Objection within 6 weeks at UWV.
• Appeal to Zoetermeer District Court; free advice from Het Juridisch Loket Zoetermeer.
• Additional support such as Wmo via Municipality of Zoetermeer.

Obligations:

• Attend assessments.
• Report changes (work, abroad).
• Avoid fraud: fines up to 100%.

Frequently asked questions

Tips for Zoetermeer residents

Improve your chances of IVA approval:

• Document everything: Gather medical records and specialist letters.
• Seek local support: Contact Het Juridisch Loket Zoetermeer for free advice.
• Prepare for assessment: Practice responses, bring a companion.
• Notify Municipality of Zoetermeer for Wmo support alongside IVA.