Applying for WIA and IVA: Important tips

Questioner

It concerns a person (58) who has WIA 80-100% benefit. The specialist advised at the time not to perform an operation yet, unless the pain complaints become too much. During a recent visit to a specialist, after experiencing severe pain for several years, the person decided to visit a specialist to discuss surgical options. The specialist has determined, after several examinations, that there are NO more surgical options. This means that the person is permanently fully incapacitated for work and could then apply for IVA. Suppose the person were to apply for an IVA, could a possible second opinion from another doctor or hospital, with possibly a different treatment proposal, mean for the benefits agency that they reject IVA because, after the second opinion, there are still treatment options? After all, for IVA you must be PERMANENTLY incapacitated for work. If, after the second opinion, there are still medical options, this could mean refusing IVA. And if the person does not want a second opinion, then the person could apply for and receive IVA without any risk. I would like to have an answer as to whether a second opinion may not be used by a benefits agency when assessing an application. In other words, that UWV may make a choice at will.

Lawyer

A single medical certificate is sufficient. A second opinion is therefore not necessary to request an IVA. I recommend not sending for a second opinion.