Court says UWV wrongly assessed ME patients as fit to work

The state benefits agency UWV wrongly assessed three people with the chronic illness ME as capable of working most or all of the week, the Central Appeals Tribunal (CRvB) said on Thursday.

The court said in its ruling that the UWV did not take proper account of how debilitating the disease can be. The ruling follows years of complaints from patients who felt misjudged by doctors working for insurance companies.

In this case, all three individuals said they were too ill to work 32 or 40 hours a week, despite the UWV’s assessment.

It is the first time the highest benefits court has given such broad recognition to the severity of the illness, said Ynske Jansen from support group ME en Arbeidsongeschiktheid.

Insurance doctor and legal expert Jim Faas said the UWV had long overlooked key symptoms and dismissed ME as psychological. “This is a breakthrough for ME patients,” he said. “They can now refer to this ruling when speaking to insurance doctors.”

ME patients are still sometimes required by UWV to follow behavioural therapy and exercise as a condition for keeping their benefits. That approach was criticised years ago by the Dutch Health Council, which said the disease’s physical impact should be taken seriously and such therapies could do more harm than good.

The UWV now has eight weeks to reassess the three cases, using the court’s expert report. The UWV said it would review the files and study what the ruling means for other current and future cases.