Hoger beroep van Centrale Raad van Beroep, July 17, 2009
Datum uitspraak: | 2009/07/17 |
Uitgevende instantie:: | Centrale Raad van Beroep |
08/237 WAO
Centrale Raad van Beroep
Enkelvoudige kamer
U I T S P R A A K
op het hoger beroep van:
[Appellant], wonende te [woonplaats] (hierna: appellant),
tegen de uitspraak van de rechtbank Zwolle-Lelystad van 17 december 2007, 07/942,
(de aangevallen uitspraak)
in het geding tussen:
appellant
en
de Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
(hierna: Uwv).
Datum uitspraak: 17 juli 2009
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PROCESVERLOOP
Namens appellant is hoger beroep ingesteld en is een verklaring van de hem behandelende psychiater ingezonden.
Het Uwv heeft verweer gevoerd, een reactie van van de bezwaarverzekeringsarts op de door appellant ingezonden medische gegevens ingezonden en een arbeidskundig rapport overgelegd.
Het onderzoek ter zitting vond plaats op 5 juni 2009. Appellant is bijgestaan door mr. G.J.A.M. Gloudi, advocaat te Lelystad. Namens het Uwv is verschenen mr. M.H.J. Kuilenburg.
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OVERWEGINGEN
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Het inleidend beroep richt zich tegen het ter uitvoering van de Wet op de arbeidsongeschiktheidsverzekering (WAO) op 14 mei 2007 door het Uwv bekend gemaakte besluit. Hierbij heeft het Uwv gehandhaafd zijn besluit van 8 februari 2007 tot de verlaging van de WAO-uitkering van appellant met ingang van 9 april 2007. Hieraan ligt ten grondslag dat de mate van de arbeidsongeschiktheid van appellant tot 15-25% is afgenomen.
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De rechtbank heeft het beroep ongegrond verklaard en heeft daarbij betrokken het besluit van het Uwv van 9 juli 2007 tot de wijziging van het besluit van 14 mei 2007. Het Uwv heeft appellant daarmee per 9 april 2007 ingedeeld in de arbeidsongeschiktheidsklasse 25-35%.
3.1. Appellant werkte laatstelijk als full time orderpicker. Vanuit een werkloosheidssituatie heeft hij zich ziek gemeld met psychische klachten en in verband hiermee is hem per 11 juli 2000 een WAO-uitkering toegekend naar een mate van arbeidsongeschiktheid van 80-100%.
3.2. Op 22 september 2006 is appellant onderzocht door de verzekeringsarts. Hij heeft de voor appellant geldende medische beperkingen vastgelegd in een zogenaamde Functionele Mogelijkhedenlijst (FML).
3.4. Aan de hand van de FML heeft de arbeidsdeskundige functies geselecteerd waarvan de belasting de belastbaarheid van appellant niet zou overtreffen.
3.5. In bezwaar beschikte de bezwaarverzekeringsarts over informatie van de appellant behandelende psychiater, die een dysthyme stoornis en aanpassingsstoornis met depressieve stoornis diagnosticeert, een GAF-score van 60 vermeldt en appellant...
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