Uitspraak Nº 17/7210 WBQA. Centrale Raad van Beroep, 2020-07-31
Court | Centrale Raad van Beroep (Nederland) |
Docket Number | 17/7210 WBQA |
ECLI | ECLI:NL:CRVB:2020:1695 |
Datum uitspraak: 31 juli 2020
Centrale Raad van Beroep
Enkelvoudige kamer
Uitspraak op het hoger beroep tegen de uitspraak van de rechtbank Den Haag van
19 september 2017, 17/2584 (aangevallen uitspraak)
Partijen:
[appellant] te [woonplaats] (appellant)
de Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)
PROCESVERLOOP
Namens appellant heeft mr. R.F.H. Tamboenan, advocaat, hoger beroep ingesteld.
Het Uwv heeft een verweerschrift ingediend.
Het onderzoek ter zitting heeft plaatsgevonden op 17 juli 2020. Appellant is vertegenwoordigd door mr. Tamboenan. Het Uwv heeft zich laten vertegenwoordigen door W.H.M. Visser.
Appellant ontving van het college van burgemeesters en wethouders van de gemeente Bodegraven-Reeuwijk een uitkering op grond van de Participatiewet (Pw). Namens de gemeente is met een door het Uwv op 27 juni 2016 ontvangen formulier bij het Uwv een zogeheten Indicatie banenafspraak voor appellant aangevraagd. Daarbij is een rapport van 16 mei 2016 van een arts en medisch/adviseur van SCIO consult overgelegd. Deze arts heeft appellant op een spreekuur van 10 mei 2016 gezien en heeft gesteld dat ten tijde van de beoordeling sprake is van forse psychische problemen en daarmee een zeer lage psychische belastbaarheid. Appellant wordt behandeld met medicatie en gesprekstherapie. De arts heeft de verwachting uitgesproken dat bij voortzetting van de huidige therapie volledige verbetering binnen zes maanden zal volgen. Op het moment van onderzoek werd appellant nog niet in staat tot werkhervatting, vrijwilligerswerk of een activerings- of re-integratietraject. Geadviseerd is appellant vrij te stellen van de arbeidsverplichtingen in het kader van de Pw.
In verband met de aanvraag om een Indicatie banenafspraak heeft een verzekeringsarts van het Uwv beperkingen vastgesteld voor het omgaan met stress en andere mentale eisen; appellant dient niet onder te grote tempodruk te werken of met deadlines, het werk dient niet emotioneel belastend te zijn en geen bovennormaal handelingstempo. Deze beperkingen zullen volgens de verzekeringsarts meer dan zes maanden duren. Een arbeidsdeskundige heeft hierna vastgesteld dat appellant met inachtneming van de beperkingen in staat is om een zogeheten drempelfunctie uit te oefenen, waarmee hij het wettelijk minimumloon kan verdienen. Bij besluit van...
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