Question about unemployment benefits? Get free advice!

Questioner

I have a WW benefit. I was on sick leave last year. I recently had a first-year inspection. The insurance doctor advised another year on sick leave. The labor expert requested the unemployment benefit decision. My remaining earning capacity decreased significantly. In my opinion, the benefit percentage should then be calculated according to the standard salary (last earned gross salary divided by the remaining earning capacity and that results in a disability percentage. The labor expert saw in the unemployment benefit decision that my benefit was based on three contracts. He told me that this was not possible, because three contracts in one year overlap and then there must also be many hours not worked between the paid hours. I told him that I had signed a mutual settlement agreement with the first employer, where I had worked for three years, stating that the salary would continue to be paid, but that I no longer had to work for it, because my job was not extended due to reorganization and there was no more work. In the meantime, I was allowed to look for another job and therefore did not have to work, but I was paid and the contributions were made as usual. According to the UWV labor expert, it doesn't work that way. He gave advice in which the oldest job was taken as a starting point (the so-called standard wage) with the starting salary of a number of years ago. The other two jobs did not count, he said. I now come to 15% incapacity for work. Now I'm in trouble. The UWV calculated my benefit on the basis of the three employment contracts, which I believe is absolutely correct. I even hired a lawyer for that at the time. So now I have been given a much lower benefit that the labor expert calculated and he passed on to the UWV, stating that work hours and paid hours must be taken into account. He says that paid hours do not automatically mean that you have worked and do not count towards the benefit, even if there is an official contract and contributions have been made. I myself arrive at 51% incapacity for work, while the occupational expert arrives at 15%. My benefit has now stopped.

Lawyer

If you do not agree with the decision, you can file an objection. The UWV decision states how you can file an objection and by what date you must do so. If you do not do so on time, the decision is irrevocable.

Questioner

I am familiar with the procedure. I was just curious whether this course of events is normal. I do not get an answer to that.

Lawyer

In your case, I think it is necessary to be able to read all the papers before you can give a good substantive answer. The legal helpdesk in your area may be able to help you further or otherwise you can contact me without obligation.