Has your municipality recently taken a decision on an application under the Social Support Act (WMO) and are you the disagree with that? Then you can object to the decision taken by the municipality with the support of JAW Advocaten, who are specialized in social security law. This is your legal right.
Has your municipality recently taken a decision on an application based on the Social Support Act (WMO) and do you disagree? Then you can object to the decision taken by the municipality with the support of JAW Advocaten who are specialized in social security law. This is your legal right.
What are the criteria for granting a WMO provision by the municipality?
To be eligible for a Wmo provision, you must legally reside in the Netherlands. This is the case if you are a Dutch citizen. According to the Wmo, the municipality can offer you three types of facilities:
- residential amenities
- transport facilities
- household care
Additional conditions for entitlement to WMO provision
Your municipality, which implements the Social Support Act, may impose additional conditions. In general, for example, no Wmo provisions are granted if:
- You do not live in the municipality where you are applying for a WMO indication
- The provision is generally common to you
- You cannot prove that you have additional costs
- You can make use of a present facility.
- You have already incurred the costs before applying for the WMO provision.
- The facility that you are reapplying for has already been provided by the municipality, but the normal depreciation period for the facility has not expired.
The municipality may change the general rules for the allocation of care indications, such as domestic help, under the WMO. This differs per municipality. Even if you did receive help in the past. If the municipality wants to change your WMO indication (for example for household help), the municipality is obliged to carefully examine your personal situation.
What to do in the event of a measure taken by the municipality whereby your WMO indication is discontinued or reduced?
If the investigation by the municipality into your right to a WMO indication has not been carried out sufficiently or carefully or the new WMO indication offers you insufficient support, you can oppose this. You can then lodge an objection with the municipality and it is advisable to have specialists assist you.
JAW Advocaten provides a specialized defense against the decision of the municipality on your WMO indication. Our lawyers are specialists in the field of administrative law and social security and have often received specialization training, such as Grotius General Administrative Law.
Municipalities make many mistakes in the decision-making prior to the WMO Indication to be awarded. If your municipality has made a mistake, you can assume that we will track it down and protect your interests.
Object with insurance medical contra-expertise in case of medical necessity WMO indication
If necessary, you can have a medical second opinion performed by an independent insurance doctor through a specialized expert bureau we work with. With this you optimally substantiate your correct claim on a WMO indication. The result provides an objective insurance medical assessment that provides added value so that you will still receive your WMO indication.
Are you considering the objection period?
You must then lodge an objection within 6 weeks of the date of the decision of the municipality. The objection usually focuses on the content of the legal parts of the assessment by the municipality and the resulting decision on the WMO indication.
The objection focuses mainly on the content & amp; used justification for the decision, but can also determine whether the municipality should reasonably have come to this decision.
Reassessment in objection WMO indication by the municipality
After submitting your notice of objection, the situation will be reassessed by other municipal employees. They will reassess your file and respond to the arguments we have submitted.
If the objection is rejected by the municipality, you can still appeal to the administrative judge of the court. As the last judge, an appeal can be lodged with the Central Board of Appeal in Utrecht.
Contact us directly
If you would like to know more or contact our help directly to object to the decision of your municipality, please contact us .