Superannuation TPD Claim Lawyers

Every TPD claim is unique.

Generally it can take between 1 to 12 months to get an initial response on a TPD Sickness & Accident or Income Protection claim. Some funds process claims quickly while others take longer.

The majority of claims submitted with our assistance are approved within this time frame.

If you have a compelling reason or have no means of support you can make an application to access your Superannuation balance before reaching retirement age. This is a separate process to a TPD claim.

This varies from Super Fund to Super Fund, as well as from insurance company to insurance company.

While you may submit your application as soon as you stop working, you may be required to demonstrate that you have been out of work for at least six months before qualifying for a TPD benefit.

It is important that you seek legal advice to ensure that you meet the rules of the fund and the insurer that underwrites its members' TPD cover.

The amount you are eligible to receive is determined by the type of insurance you have and the amount for which you selected as the policy cover. This information is commonly included in the fine print of your policy or super fund statement.

Benefits received are usually in addition to Centrelink payments and any workers' compensation you may have received as a result of your disability or illness.

In short - Yes, you can.

Claiming for Total and permanent disability (TPD) doesn't mean you have to be in a wheelchair or be incapacity and completely bedridden. You have to prove to the insurer that you genuinely cannot do your regular tasks at your job, or another job to which your education, training and experience qualifies you to perform.

Although eligibility depends upon the specific insurance policy provided by your super fund, the fund's trustees have significant discretion in deciding eligibility:

• Level of disability All insurers will require a minimum level of disability and may assess your claim according to the likelihood of you recovering from that disability.

• Education, Training & Experience To be eligible for TPD, you must be prevented or significantly impaired in carrying out any employment within your education, training & experience. This is called the ETE test.

• Waiting periods Many insurers will impose a minimum waiting period before assessing claims. This serves to allow the injury to settle, so that it may be accurately assessed.

• Minimum work history Some insurers may require you satisfy a minimum level of employment before eligible for TPD.

• Subsequent work history Under many policies, applicants will be disqualified if they have returned to full time or near full time employment following the original injury.

• Your age Many policies reduce the insured amount as your age advances. This is determined as at the date of application for the insurance benefit.

• Your ability to perform daily activities In assessing TPD, some policies may require that you are unable to perform functions of daily life including; eating, drinking, dressing and showering. This is called the Activities of Daily Living test.
• Ongoing medical care Your eligibility for a TPD claim may – under some policies - be established by your condition requiring ongoing medical attention.

If you've worked for a variety of companies throughout your career, you may have a number of different superannuation funds. This frequently occurs if your workplaces specified preferred funds for its employees, such as industry super funds.

If you have any superannuation funds that provide insurance coverage, you may be qualified to make a claim under each fund.

We will investigate if you can make a claim through each (or all) of your superannuation funds.

You will likely be taxed if you withdraw your Super fund balance before your Preservation Age (the ‘lockout' age on your super insurance, which is normally 55). There is no tax on TPD benefits you receive.

However, there are rare exceptions, such as in cases of a terminal illness.

It's a good idea to speak with a financial or tax professional regarding your insurance and your situation so you know where you stand.

Unfavorable decisions can be appealed in court or by submitting a request for reconsideration. It is critical that you retain the services of experienced competent superannuation lawyers to advise you on the best course of action to take.

We can assist you in arguing or fighting a denied TPD claim.

You can also make a complaint with an industry tribunal or the financial ombudsman service if you believe you have been treated unfairly.

TPD claims are frequently challenging.

There are numerous policy terms and criteria that must be met. The Superannuation fund may not inform you of this right away, hoping you slip up.

Every TPD claim is unique, and the level of intricacy varies from person to person, and fund to fund.

We understand the Super Funds' policies and how they will relate to your case.

We have extensive experience with claims like yours. We will get to know you and your expectations. We will tailor the best approach for your specific circumstances in order to give your TPD Claim the best chance of success.