The Central Appeals Tribunal (CRvB), the highest benefits court in the Netherlands, has ruled that the state benefits agency UWV wrongly assessed three individuals with Myalgic Encephalomyelitis (ME), also known as chronic fatigue syndrome, as capable of working a significant number of hours per week. The court stated that the UWV failed to adequately consider the debilitating nature of the illness.

This ruling marks a significant victory for ME patients who have long felt misunderstood and misjudged by insurance doctors. The decision provides a legal precedent that patients can now use when interacting with insurance doctors.

The three individuals in question argued they were too ill to work 32 or 40 hours per week, contradicting the UWV’s assessment of their work capacity. This is the first time the highest benefits court has broadly acknowledged the severity of ME.

Ynske Jansen, from the support group ME en Arbeidsongeschiktheid, hailed the ruling. Insurance doctor and legal expert Jim Faas described the ruling as a breakthrough, stating the UWV had previously overlooked key symptoms and dismissed ME as psychological.

The Dutch Health Council previously criticized the UWV’s practice of requiring ME patients to undergo behavioural therapy and exercise as a condition for maintaining their benefits. The council emphasized the importance of considering the disease’s physical impact and warned that such therapies could be detrimental.

The UWV has been given eight weeks to reassess the three cases, utilizing the court’s expert report. The agency has stated it will review the files and analyze the ruling’s implications for current and future cases.