Social security law and WIA

Social security law
Social security law is a area of law that almost everyone has to deal with. For example, you may be dependent on a WAO, WIA or Sickness Benefit due to long-term illness. It is also possible that you have ended up in unemployment or that you have to appeal to social assistance. But social benefits such as child benefit (AKW) and the Social Support Act (WMO) are also part of social security law. Social security law is therefore a very broad area of law, which serves as a financial safety net for people who are temporarily or permanently unable to earn an income through work. It can be quite a blow, both financially and emotionally, if you are no longer able to work and generate income. In order to guarantee your living expenses and income, there are various forms of social security. For example, you may be entitled to a benefit. Has your application for benefits been rejected or has your benefit been reduced? Then you can object with the help of a lawyer. In order to be able to make the right decision, it is important that the correct facts and circumstances are presented. Therefore, always enlist the help of a lawyer. The lawyers of AGA lawyers assist you and ensure that your financial security is not endangered.

What is Social Security?
In most cases, social security consists of a benefit in the form of money. A provision (care) or the provision of a product (for example wheelchair) can also occur. The personal budget is also such a provision. Social security law acts as a safety net. In a number of situations, social security legislation ensures that people are not completely without income in the event of:

• Illness
• Unemployment (WW)
• Disability
• Unemployment benefit

Due to unemployment, you have no income. This is covered by a WW benefit. If you have sufficient employment history and are available for work, you are entitled to unemployment benefit. Unemployment benefits are financed by contributions paid by employers. Even in the event of partial unemployment (decline in hours), you may be entitled to benefits. Furthermore, you must meet the so-called weeks requirement. This means that you must have worked for at least 26 weeks in the past 36 weeks. The duration of the benefit is three months. These three months can be extended if you have worked for at least four years in the previous five years. The duration of the benefit is then extended by one month for each year that you have worked with a maximum duration of 38 months.

No entitlement to benefits
You are not entitled to benefits if you have become culpably unemployed. This is the case, for example, if you have been summarily dismissed or have quit your job yourself. For this reason, you must ensure that you are not fired by culpable behavior or resign yourself. In the event of dismissal, it is best to engage a lawyer. A lawyer can provide a severance payment and retention of unemployment benefit.

WIA in the event of incapacity for work
Incapacity for work occurs when you are not or not fully able to work. This may be due to a physical or psychological cause. Without income, you would be in financial trouble. Usually, in the first two years of your incapacity for work, you can invoke the employer's obligation to continue to pay wages. You will be paid your salary (in full or in part).

After these two years or when healing is not to be expected, you can claim a WIA benefit. You must be 35% or more unfit to qualify for benefits. The degree of incapacity for work determines the type of benefit you can receive. This can be done through a Work Resumption Scheme for Partially Disabled Persons (WGA) or Income Provision for Fully Disabled Persons (IVA). It depends on your incapacity for work which benefit applies to you. A lawyer can tell you which regulation applies to you. If the benefit is refused, a lawyer can challenge this decision for you.

Contact AGA Lawyers
The lawyers of AGA Lawyers can do a lot for you, such as guiding you during the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL: info@agajuristen.nl or contact form on the right side of our website.

Laws and regulations
the Netherlands has a very extensive system of regulations in the field of social security. A small selection of the laws that fall under social security law:

• General Child Benefit Act (AKW),
• General Survivors Act (ANW),
• General Old Age Pension Act (AOW),
• Work and Social Assistance Act (WWB),
• Social Support Act (WMO),
• Unemployment Act (WW),
• Work and Income according to Work Capacity Act (WIA)/ Incapacity for Work Act (WAO),
• Disability Provision for Young Disabled People Act (Wajong).

The legislation is very complex and constantly changing. Due to budget cuts, the rules have been applied more and more strictly in recent years. For example, it may happen that you have received a disability benefit for years and that you are suddenly declared (partially) fit for work while your complaints have not changed in the meantime. Or you are faced with a suspension of your social assistance benefit, because the benefit agency feels that you have not provided sufficient information.

The benefits authority simply implements the decision, even if you do not agree with this and want to appeal. This is drastic, especially if you are dependent on the benefit in question for your daily life. It is therefore important to respond quickly and adequately.

Our services
We are happy to assist you if you have a conflict with a benefit agency. Although in principle you can also dossier an objection yourself, it is advisable to call in a specialist. After all, as a citizen you are only facing a powerful bureaucratic institution such as the municipality, the UWV or the Social Insurance Bank. We have the knowledge to assist you in an expert manner. It is important that you contact us at the earliest possible stage, because an objection to a decision is usually no longer possible after six weeks.

Not only in the conflict phase, but also in the initial phase, we offer guidance, for example when submitting an application or in fulfilling obligations imposed on you by the relevant authority.

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within employment law. In the event of a conflict regarding employment law, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The employment lawyers of AGA lawyers can do a lot for you, such as guiding you throughout the entire process. You can contact us at any time to discuss your questions, issue or possibilities with an AGA lawyer. Feel free to contact one of our expert employment lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL: info@agajuristen.nl or contact form on the right side of our website.

More information
At the top of the search bar of this website, you will find more information about the specific jurisdictions and issues. To do this, click on the search bar at the top of the website! More information can also be found via the links (blue colored text sections) on this page above.