SUPERANNUATION-

TOTAL AND PERMANENT DISABILITY CLAIMS

If you are no longer able to work because of illness or injury, you may be eligible to claim Total and Permanent Disability (TPD) insurance through your superannuation fund.

You do not need to have suffered a work-related injury to be able to make a claim.

Do I Qualify for a TPD claim?

If you become Totally and Permanently Disabled, you are able to claim your superannuation early. Most superannuation funds have a TPD insurance component attached, therefore in addition to receiving your super early, you may be entitled to a lump sum payout through the TPD insurance component.

The definition of TPD is based on the wording in each individual policy, however, it generally requires that, for payment of the benefit, the trustee of the super fund must be satisfied that you will never again be able to work in any occupation to which you may be suited (having regard to your training, education or experience). Such a claim is based on medical evidence (i.e medical assessments and doctors’ reports).

Your illness or injury does not have to be work-related. For example, illnesses such as cancer, mental illness, AIDS, chronic fatigue syndrome, heart attack, road accidents, accidents at home, can all result in TPD.

It usually does not matter if you developed or acquired  the illness prior to joining the super fund.

How do I make a claim for TPD?

You need to contact your super fund in order to make a claim. You will be asked to fill-out various application forms by your super fund, and to supply further information such as medical reports to support your claim. You will then usually be required to attend medical assessments to determine the level of your disability. The insurer/fund typically takes several months to make a determination.

Whilst you can make a claim on your own, without the help of a solicitor, we strongly recommend that you seek legal advice prior to making a claim, to ensure that your rights are fully protected and that the strongest possible claim is lodged.

The solicitors that we recommend, can represent you during the application process to ensure your claim is assessed fairly and reasonably by the fund and the insurer. They will advise you of the legal options available to you.

All of our solicitors are members of the Law Society with current practising certificates. They have extensive legal knowledge and experience. They are able to provide you with free legal advice. It costs nothing to use this service.

Is there a time limit on making a claim? When can I claim?

 There is usually no time limit in making a claim. Even if your super fund has already paid you your super contributions, you may still be able to make a TPD claim later. Your estate may even be able to make a claim on your behalf for TPD insurance even after you die.

Whilst there are generally no time limits, it is always best to seek legal advice as soon as possible.

Time limits may apply in relation to appeals.

I have already made a claim which has been refused by my super fund. Can I appeal?

The decision of the Super fund to reject your claim is not final. If you have already lodged a claim that has been denied, our solicitors can help you to challenge the fund's decision. This may involve taking court action or action in a tribunal, on your behalf. In mainly cases, claims may be settled out of court. Most appeals win or settle. There may be time limits that apply within which you can lodge an appeal; therefore it is important that you do not delay in seeking legal advice.

The solicitors that we recommend may be able to act for you on a NO WIN NO FEE basis. This means that if you do not succeed in your claim, then your solicitor’s professional legal fees will not be payable by you. You may however be asked to contribute to the costs of medical report fees.

If the claim is successful, then you will be charged professional legal fees and such fees will include a success fee (which will differ from state to state).

Whether or not the above arrangement applies, a written cost agreement will be issued prior to any work commencing on your claim. That agreement will set out the terms of the retainer and will set out the obligations (if any) you may have to contribute to the initial investigation costs of your claim.

To find out whether you may have a claim, or whether you can appeal a claim that has been denied, please contact us for referral to a solicitor willing to provide you with free initial advice.

Our independent service specialises in finding the right solicitor to represent your interests. This is a FREE referral service which will make the process of finding and choosing a solicitor easier, more informed and more effective.

Our solicitors are able to expertly evaluate your potential claim and provide you with the best possible legal advice.

* IMPORTANT NOTICE:  The information contained in this website is not intended to be an advertisement for personal injury legal services in NSW and QLD. There are laws which prohibit advertising of personal injury legal services in these States. Where a case may involve a personal injury compensation claim in NSW or QLD, our referral service WILL NOT be able to assist you i.e we are not allowed to refer you to a solicitor. We regret that we are unable to assist NSW and QLD citizens in such circumstances- but that is the law. If you are not clear about this and require further information, please contact us.

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