Medico-legal prognosis assessment for sustainability of work

Medico-legal prognosis assessment for the sustainability of work disability (IVA vs. WGA) - Delft

In the Delft region, under the district of the District Court of The Hague, the **sustainability** of your work disability must be assessed for a **disability benefit** (IVA or WGA). This is done via a **medico-legal prognosis**, in which UWV physicians and the court estimate your future recovery prospects. Whether you are entitled to **IVA** (fully and permanently unfit for work) or **WGA** (partially unfit for work) depends on this. This article explains the procedure, the statutory criteria and where you can go in Delft for legal assistance.

Why is the medico-legal prognosis crucial for residents of Delft?

The **medico-legal prognosis assessment** analyzes your expected work capacity in the long term, based on medical facts and legal standards. For residents of Delft and surrounding areas, this determines whether your disability is **sustainable** and whether you qualify for **IVA** (Income Provision for Fully Disabled Persons) or **WGA** (Return to Work Partially Disabled Persons).

Both the **UWV** and the **District Court of The Hague** (Delft district) use this prognosis to assess:

Whether your work disability will last **at least 15 years** (IVA criteria).
Whether recovery within **15 years** is realistic, with partial return to work (WGA).

The difference between IVA (wage replacement benefit up to 75%) and WGA (reintegration obligation) is significant. In case of objection or appeal, you can approach the **Juridisch Loket Delft** in Delft.

Statutory basis: Important WIA articles for Delft

The rules are laid down in the **Work and Income according to Labour Capacity Act (WIA)**. Relevant provisions:

Article 24 WIA: Conditions for **full and permanent work disability (IVA)**.
Article 25 WIA: **Partial work disability (WGA)**.
Article 26 WIA: Assessment of **prognosis and sustainability**.

A person is **entitled to IVA** if:

No paid work is possible.
The disability is **sustainable** (not temporary).
Duration **at least 15 years**.

For **WGA**, the disability is sustainable, but recovery within 15 years is possible.

The assessment procedure at UWV in Delft

UWV follows a **step-by-step method** for the prognosis. In the Delft region, this often takes place via the UWV office in The Hague or Zoetermeer.

Step 1: Thorough medical examination

An **insurance physician examination** takes place, including:

**Consultation with UWV physician** or specialist (e.g., neurologist, psychiatrist).
**Physical/psychological examination** (walking tests, pain scores, cognitive tests).
**Review of own medical file** and specialists' letters.

This report forms the core of the legal prognosis.

Step 2: Legal review IVA vs. WGA

UWV applies strict criteria:

Criterion	IVA (fully sustainable)	WGA (partial)
Sustainability	At least 15 years disability	Sustainable, but recovery <15 years possible
Recovery chance	No realistic improvement	Partial recovery feasible
Age effect	Often >50 years (not limitative)	All ages, prognosis-dependent
Medical basis	Irreversible chronic illness	Stable/progressive with potential

Objection and appeal in the Delft region

Disagree with UWV decision? File an **objection** with UWV within 6 weeks. Thereafter, **appeal** to the **District Court of The Hague, Delft team**. The **Juridisch Loket Delft** (address: [fill in]) offers free initial advice and procedural representation for those on low income.

Tips for residents of Delft with IVA/WGA question

Collect all medical reports before the UWV interview.
Bring a trusted person to the examination.
Consider a second opinion from your own specialist.
Contact Juridisch Loket Delft for a free check.

Last update: 2024. Always consult UWV or a legal advisor for your specific situation.