Gert-Jan van Duren has been struggling with chronic fatigue syndrome ME (myalgic encephalomyelitis) for years. “I always feel exhausted. My energy level is comparable to a 3 percent battery. I am sensitive to everything: light and sound are hard to tolerate.”
If he submits a request to the UWV for accelerated WIA benefit for full and permanent incapacity for work, this will be rejected. According to the UWV, treatment and recovery are still possible.
overjoyed
Gert-Jan will not let it go. With bed and all he went to court by ambulance last summer to fight for benefitsas shown in the following images:
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At first he is unsuccessful. He has now won on appeal.
He is delighted with this outcome. “We feel like the moral winner after years of fighting the UWV.” He is especially happy that there is now case law, and he hopes that other ME patients will be spared what happened to him. “It can give them hope that you can appeal against such a body and also win it.”
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Hundreds of notifications
There are many more ME patients of whom the UWV believes they can still recover, says Ynske Jansen of the ME and Disability Support Group. They receive hundreds of reports every year. These people will then receive no benefit or a lower benefit. “That creates uncertainty and fear.”
In the Netherlands there are an estimated 30,000 to 40,000 people with ME/CFS. They suffer from severe, chronic fatigue that is not caused by exercise and not reduced by rest. Even a small amount of effort can make the symptoms worse.
Much is still unknown about the disease. There are also many question marks about the usefulness of treatments out there. In 2018, the Health Council already concluded that patients often do not feel taken seriously, and that their limitations are not always recognized when applying for benefits.
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Response UWV
In a response, the UWV emphasizes that strict criteria apply to accelerate eligibility for benefits. In the case of Gert-Jan, the UWV still saw treatment options, so that the chance of recovery was not excluded, an argument that has now been brushed aside by the judge.
“The UWV is of course studying the ruling to see whether this has further consequences for how we deal with the concept of sustainability in ME,” said a spokesperson. That does not automatically mean that every ME patient will be eligible for benefits faster, he adds. “After all, it is conceivable that another client can participate in a multidisciplinary treatment process.”
The UWV says it will also discuss the ruling with interest groups of ME patients.
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