Medical-legal prognosis assessment for sustainability of work disability (IVA vs. WGA) | The Hague
In The Hague and surrounding areas, for a **work disability benefit** (IVA or WGA), the **sustainability** of your disability is assessed via a **medical-legal prognosis**. UWV and the **District Court of The Hague** (Prins Clauslaan 60) determine whether recovery within 15 years is realistic. This article discusses criteria, procedure and local legal assistance.
What does a medical-legal prognosis assessment entail?
This assessment analyzes your expected work capacity based on medical facts and WIA rules. It distinguishes **permanent IVA** (fully and sustainably work disabled) from **WGA** (wage-related or work disability benefit with recovery prospects).
UWV and judges test:
- **IVA**: Disability lasts **≥15 years** without work capacity.
- **WGA**: Sustainably disabled, but possibly partially recoverable within 15 years.
Legal framework: IVA versus WGA in the WIA
Regulated in the **Work and Income according to Labour Capacity Act (WIA)**:
- Art. 24 WIA: Full and sustainable work disability (IVA).
- Art. 25 WIA: Partial work disability (WGA).
- Art. 26 WIA: Prognosis criterion for sustainability (>20% residual earning capacity, duration ≥15 years).
The assessment procedure at UWV The Hague
UWV uses a step-by-step method:
1. Medical evaluation
Including consultation with UWV doctor, specialists' reports, functional tests (e.g. for rheumatism, PTSD or neurological conditions). The report is decisive.
2. Legal review IVA/WGA
Important indicators:
| Criterion | IVA (full) | WGA (partial) |
|---|---|---|
| Sustainability | ≥15 years without recovery | Sustainable, recovery <15 years possible |
| Recovery chance | No realistic employment prospects | Partial recovery expectation |
| Age & condition | Older workers often IVA (not exclusive) | Age-independent based on prognosis |
| Medical basis | Irreversible damage (e.g. amputation, dementia) | Chronic with potential recovery (e.g. burn-out) |
Local assistance in The Hague
- District Court of The Hague: Prins Clauslaan 60. Handles WIA objections and appeals.
- Legal Counter The Hague: Lutherse Burgwal 10. Free advice on UWV procedures.
Tips for your procedure
Collect your own medical records, engage a personal injury lawyer and prepare for hearing and cross-examination. In The Hague, 30-40% of appellants win IVA with good substantiation (CRvB case law).