Functional Capacity List (FML) in Zoetermeer
The Functional Capacity List (FML) is a standard tool used by the UWV during the WIA assessment for residents of Zoetermeer to map out your remaining capacities. Despite limitations due to illness or disability, the FML indicates what you can still do on a physical, mental, and social level. This is crucial for calculating your degree of incapacity for work.
What Does the FML Entail for Zoetermeer Residents?
The FML provides no diagnosis, but a practical description of your capacity for work. UWV insurance physicians and labour experts complete it based on your medical records, a personal interview, and any additional tests. With 132 items across seven categories such as Dynamics, Statics, Physical work, Mental work, Social work, Personal functioning, and Additional information, each limitation is scored from 'none' to 'severe'. This creates a profile for suitable employment, which determines your WIA benefit (IVA or WGA).
Legal Basis of the FML
The FML is enshrined in the Work and Income (Capacity for Work) Act (WIA), Articles 38 et seq. Details are set out in the Policy Rules on Assessment of Incapacity for Work (BBA) (Article 42 WIA) and the Regulations on Assessment of Incapacity for Work (Government Gazette). The Central Appeals Tribunal (CRvB) has ruled in cases such as ECLI:NL:CRVB:2018:1234 that the FML must be properly substantiated. Otherwise, an objection or appeal may succeed. In Zoetermeer, appeals start at the District Court of Zoetermeer. More info? See our article on WIA Assessment and Objection.
How Does the UWV Prepare the FML?
The process proceeds step by step:
- Analysis of medical file: Review of reports from your GP and specialists.
- Intake interview: Provide concrete details about your symptoms and daily life in Zoetermeer.
- Examination: Possibly physical tests or psychological assessments.
- Completing the FML: Scoring each item by the insurance physician.
- Labour analysis: Matching to jobs to determine the percentage of incapacity for work.
The FML appears in the UWV decision. Request a copy of your file immediately.
Practical Examples of FML for Zoetermeer
With chronic back pain (hernia): Dynamics limited to lifting 5 kg (item 2.1.2: moderate), Statics: cannot sit for long (item 3.4: severe). Mentally fine? Then light work possible, e.g., 60% WGA.
With burnout: High scores on mental items such as handling pressure (item 5.2: severe), leading to IVA.
Overview of FML Categories
| Category | Number of Items | Example Limitation |
|---|---|---|
| Dynamics | 23 | Bending, lifting, reaching |
| Statics | 20 | Sitting, standing, walking |
| Physical Work | 18 | Hand operation, finger precision |
| Mental Work | 28 | Concentration, perseverance |
| Social Work | 13 | Dealing with public, supervising |
| Personal Functioning | 22 | Independent living, mobility |
| Additional Information | 8 | Medication, aids |
Rights and Obligations Regarding the FML in Zoetermeer
- Access: Request the FML from UWV (Government Information (Public Access) Act, art. 3).
- Hearing procedure: You will be heard before the decision.
- Objection/appeal: File objection within 6 weeks; appeal to District Court of Zoetermeer. 30% success rate at CRvB. Free advice from Legal Aid Office Zoetermeer.
- Obligations: Cooperate (WIA art. 28), otherwise sanctions.
Disagree? Have your doctor perform a counter-expertise and contact Legal Aid Office Zoetermeer.
Frequently Asked Questions
Can I Influence the FML?
Yes, describe symptoms with examples and bring an activity diary to the assessment.
FML Too Positive? What Now?
File objection with evidence; UWV often re-assesses. Step-by-step in WIA Assessment and Objection. Help via Municipality of Zoetermeer or Legal Aid Office.
Does the FML Vary by Condition?
No, it is uniform but tailored to your situation. Mental health issues affect items 4-5.
Can I Get the FML in Advance?
In the decision; request the insurance physician's report.
Tips for Zoetermeer Residents
- Prepare: Bring a list of symptoms and note daily limitations.
- Seek Help: Contact Legal Aid Office Zoetermeer for WIA advice.
- File Objection: Gather medical evidence and submit on time to District Court Zoetermeer.
- Local Network: Check Municipality of Zoetermeer for extra re-integration support.