Superannuation Insurance Claim Lawyers
Do you need money because you’re sick and unable to work?
About Us
We help Australians check their super fund to claim their entitlements. We are no win no fee. Our lawyers are experienced, compassionate and offer personalised service.
If you are unable to work due to an injury or illness, you could have a claim.
Your super fund may include total and permanent disability insurance (TPD) cover, which can provide you with financial benefits to support you and your family when times are tough.
You could have a
claim for
✔ Total and Permanent Disability TPD
If illness or injury permanently affects your work.
✔ Early Release of Super
If you’re facing financial hardship, illness or injury.
✔ Income Protection
If you’re temporarily off work due to an illness or injury.
✔ Death Benefits
If your partner has passed away
What type of injuries and illnesses can I claim TPD benefits for?
- Cancer
- Back Injuries
- Auto-immune conditions
- Heart conditions
- Chronic conditions like arthritis, diabetes and asthma
- Psychological conditions like PTSD, Anxiety and Depression
- Conditions like Alzheimer’s and Parkinson’s
Contact us for free legal advice
Do you have a claim checklist
- Do you suffer from an injury or illness? – YES
- Is your condition permanent? – YES
- Did you cease work because of your injury or illness? – YES
- Are you unable to return to work in your usual occupation? – YES
- Are you unable to return to any type of work? – YES
- You likely have a claim. We can help you.
What is a TPD Super Claim?
A TPD Super claim is a ‘total and permanent disability’ claim. Most superannuation funds include a specific insurance policy that covers members for total and permanent disability.
- ✔ If you can no longer work due to an injury or illness, you may have a TPD super claim.
- ✔ If you can no longer do the type of work you have always been able to do, but you can work in a different occupation – you may still have a TPD claim.
TPD claims allow you to receive a lump sum or periodic payments.
A TPD payment is a financial benefit that is additional and separate to the contributions you made to your superannuation fund during your membership.
Successful TPD Super Claims.
Selena received $500,000…
Selena was working as a Police Officer and Personal Trainer when she developed a tumor in her jaw. The tumor required surgery and ongoing treatment. Selena suffered complications following the surgery and developed ongoing symptoms/pain in her jaw and neck.
Selena was only 30 years of age when this occurred. Her ongoing symptoms made it difficult for her to work.
We made a TPD (Total and Permanent Disability) super claim for Selena. The client’s super fund had cover up to $500,000.00 and Selena received the full $500,000.00 as a lump sum payment.
Abby received $300,000…
Abby worked as a carer and support worker. She was subjected to psychological abuse at the hands of one of her clients over a period of 6-12 months. Abby ended up with a serious psychological injury and was unable to work again.
Abby was in her late twenties when the abuse occurred. She was quite young and so her superannuation balance was quite low. Despite this, her fund had insurance cover up to $300,000.00 for total and permanent disability.
We were able to successfully apply to the Trustees of Abby’s super fund to approve a TPD (total and permanent disability) super claim.
The terms of her cover were such that while she will receive a total amount of $300,000.00, it will be paid in installments over 5 years. Unlike many other funds, Abby’s cover didn’t allow for one lump sum.
Abby also had a common law claim for damages. The TPD super claim payments gave her some vital financial support while her compensation claim was progressing.
Maya received $400,000…
Maya suffered an injury to her neck and back while working as a truck driver at a large mine site. Her injuries resulted in surgery and ongoing pain.
Maya was in her late forties and was unable to work again. Her superannuation fund had total and permanent disability insurance cover and allowed for payment of a lump sum of $400,000.00.
We prepared a TPD super claim which was initially rejected. We pursued Maya’s application with the Trustees and were able to successfully obtain $400,000.00 for Maya which she received as a lump sum.
We were also able to obtain early access for Maya to receive some of her super.
Maya also had a common law claim for damages. The TPD super claim, and early release of super gave her financial support while she pursued her compensation claim.
Theo received $100,000…
Theo worked at a meat works processing factory. He had a difficult and physically demanding job that involved a lot of heavy work. As a result of this work, Theo suffered a serious injury to his neck resulting in surgery and him being unable to work again. He was on WorkCover for quite a long time.
Theo was in his early thirties, so quite young. His super fund had total and permanent disability insurance cover for $100,000.00.
We were able to make a successful TPD (total and permanent disability) super claim for him and he received $100,000.00 as a lump sum.
Theo also had a common law claim for damages. The TPD Super Claim gave him, and his family financial support while this was being progressed.
Dane received $400,000…
Dane suffered a significant injury to his ankle while working as a Truck Driver. The injury caused him significant and ongoing pain.
Dane was around 50 years of age when he was injured and given his work experience, skill set and ongoing pain, it made it difficult for him to return to work in any role. Prior to working as a truck driver, Dane had worked in manual jobs since finishing school.
We prepared a TPD super claim and were able to successfully apply to the Trustee of Dane’s super fund. His fund covered up to $400,000.00 for total and permanent disability insurance cover. Dane received a lump sum of $400,000.00 which was the total amount of the insurance cover.
We were also able to successfully apply for Dane to have early access to his superannuation balance.
Dane also had a common law claim for damages. The TPD super claim, and early release of super gave him financial support while he pursued his compensation claim.
Lex received $450,000…
Lex was working as a corrections officer when he suffered a significant injury to his knee. Due to his pain, he also developed a secondary psychological injury. Before working as a corrections officer Lex was a laborer. His knee injury did not allow him to return to either of these roles.
Lex was in his mid-thirties when he was injured. As his injuries were quite serious, he was unable to return to work.
Lex did not have a significant amount of superannuation, however, his fund covered up to $450,000.00 in TPD (total and permanent disability) insurance.
We made a TPD super claim and were able to successfully apply for the lump sum TPD payment of $450,000.00 and an early release of his superannuation balance.
Lex received his money within 10 months of making the claim.
Lex also had a common law claim for damages. The TPD super claim, and early release of super gave him financial support while he pursued the compensation claim.
Ivan Baxter
Litigation Lawyer - Compensation Claims
Director
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Bridget Barrie
Litigation Lawyer - Compensation Claims
Associate
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Call Us
Call Us to speak with one of our experienced lawyers.
They will ask you:
- The date you stopped work – or – the date you were no longer able to work in the job you are trained to do.
- About your injury/illness.
- The date of your diagnosis, illness, or injury.
- The name of your superannuation fund – or – details of insurance policies you have.
- If you have lodged a claim or not. We assist people making an initial claim and people who have had their claim rejected.
- We also ask your full name, contact details and will arrange a time for a FREE first appointment to discuss your claim in detail.
What will my lawyer need to make a TPD Super Claim for me?
- Details of your superannuation funds.
- The last 2 statements that show your super balance and details of any insurance connected to your super.
- Details of your insurance policy.
- The name of any doctors you have seen for treatment.
- Any medical reports you have.
- If you choose to retain us as your lawyer, we will need you to sign a written authority to allow us to liaise directly with your super funds (as the super funds will require this).
Answers to FAQs
Do I have TPD cover in my Super?
You should be able to check whether you have TPD insurance by looking at your annual superannuation statement. You can also contact your superannuation fund directly.
Every super fund has different requirements for TPD Claims. The terms of the insurance policy need to be read carefully before making a claim.
You may have a TPD claim if an injury or illness permanently affects your ability to work.
Unlike income protection or weekly workers compensation payments, a TPD benefit is a lump sum that provides financial support while you are off work. This is often a substantial amount.
TPD insurance is usually attached to your super policy. Many people have this insurance cover without even realising it.
Can I make a TPD Super Claim?
YES, you can, IF:
- you have an injury or illness that prevents you from returning to work
and
- you have TPD cover with your super fund or in a separate insurance policy.
Often people in the middle of litigation for a compensation claim (which may be due to injuries from a motor vehicle accident, something that happened at work, or something that happened in a public place) are unable to work due to their injury. A successful TPD claim helps them to get by financially while the compensation claim is progressing.
How much money will I get from a TPD Super Claim?
It will depend on the terms of your insurance cover. Policies range from $30,000 to millions of dollars.
How long will my claim take?
Some are quick (a couple of months) and others take longer (6-12 months).
If your injury/illness is complex it could take longer. The exact length of time will depend on the terms of your policy, how well your claim is prepared, the amount of your claim and the complexity and severity of your injury or illness. Every claim is different.
Do I need a lawyer to make a TPD Super Claim?
When you lodge a TPD claim, the information you include in the application is extremely important as it will determine whether the application is initially accepted. For this reason, it is critical to have an experienced lawyer early in the process.
TPD (total and permanent disability) superannuation claims are not always straight forward. There is often a lot of paperwork required to substantiate your claim. Navigating the claims process in conjunction with the terms of the policy can be complicated and overwhelming. Knowing what evidence to include/exclude and how to fill forms out can be daunting. Having a lawyer who works in this area to handle the claim will set you up for success and allow you to focus on your health.
An experienced lawyer understands the details of the contract of insurance between you and the insurance company (usually your superannuation fund). Your lawyer can give you advice about the legal interpretation of the (often complex) insurance terms.
Superannuation Funds and their Insurers often make the claims process difficult. Having a lawyer who is experienced in dealing with insurance companies and TPD super claims is highly beneficial. They will know what information you are required to provide to have your claim accepted. A lawyer can also advise about your rights/options if your TPD claim is rejected.
We have experienced lawyers who work exclusively in this area of law.
What if I can still do some work?
Many policies only require proof that you are unable to do your regular job, or any job within your education, training and experience. For example, if you have been an electrician for most of your career, you may still have a TPD super claim even if doctors say you are well enough to work in an office.
You don’t have to be bedridden or confined to a wheelchair to have a TPD super claim.
Does it matter how I became injured?
No. It doesn’t matter where your injury or illness happened. You can have a TPD super claim if you are injured at work, or outside of work.
(If you were injured at work, you may also be entitled to Worker’s Compensation and other benefits.)
What if no one was at fault?
This is not like a compensation claim for a motor vehicle accident or an injury that occurred in the workplace. You don’t have to prove that someone else was at fault to make a successful TPD super claim.
How much does a TPD super claim cost?
- Our lawyers’ fees are very reasonable. Fees are usually between $10,000 – $20,000 however they may be less and sometimes they are more. We only charge for the time we spend working to progress your claim. We record the time we spend working on your claim and you receive an itemised invoice at the end.
- We are no win, no fee lawyers. You only pay fees if your claim is successful.
- You pay at the end when you receive your claim money.
- We never charge extras like ‘uplift fees’ which many other lawyers charge.
- If you need medical reports, we can arrange for a funding body to pay for medical reports. (This is paid back at the end of your claim along with some interest.)
- Your first appointment is FREE. If you then choose to retain us, we provide a Costs Agreement which contains a written estimate of fees so you know up front what the fees will be.
Dates are important.
Dates can be very important. They may end up determining whether your claim is initially accepted.
The date you are injured or diagnosed with an illness, and the date a doctor confirms you are permanently impaired are important because they determine who the relevant insurer is and the extent of your insurance cover. Also, if relevant, these dates determine if an exclusion contained in the policy applies to you.
We always recommend you have a lawyer prepare your application/claim. This ensures dates (and information submitted with your claim) are carefully considered.
Do Time Limits Apply?
Time limits may apply for TPD claims depending on your policy. While some policies don’t specify a time limit, others policies do require a claim to be made within a set time.
If you cease working, your policy may ‘run out’ at some point in time. It is very important to make a claim before this happens.
If your claim has been denied, you are entitled to appeal the decision. Strict time limits apply to appeals. We recommend getting legal advice from an experienced compensation claims lawyer before you start the appeal process.
What other financial benefits can you claim?
A super fund may include cover for disability insurance, income protection and death benefits. There may also be provisions that allow for early release of super.
Some people also have a private insurance policy for disability insurance, income protection and death benefits.
If you are unsure about your policy, or if you have had your claim rejected by an insurer – or if you want some free expert advice about this – Call Us – we can help.
5 Steps to a Successful TPD Super Claim
Step 1 Call Us
Call us to talk to an experienced lawyer about your options and to gather the relevant information to work out if you have TPD (total and permanent disability) insurance, and a possible claim for financial benefit.
You may have TPD Insurance in your superannuation or in a separate policy outside of your super fund.
You can check to see if you have TPD insurance in your super by reviewing your annual statement or contacting your superannuation fund directly.
You may have more than one super fund and you may have a separate TPD insurance policy. If you hold TPD insurance with more than one super fund, we may be able to make multiple TPD claims.
Step 2 We read your policy
We read your policy carefully to see what cover you have and to determine if you have a claim.
We also look to see:
- Whether your insurance is still valid/was valid at the time of your injury/illness.
- Whether you meet the waiting period requirements.
- Whether you meet the work history requirements.
- Your age; and
- Any exclusion or eligibility clause in your TPD policy.
Dates are important.
- The date you are diagnosed with an illness, and
- The date the doctor confirms you are permanently impaired is important.
These dates determine who the relevant insurer is and the extent of your insurance cover. Also, if relevant, these dates determine if an exclusion contained in the policy applies to you.
We will ask you for this information when we see you.
Step 3 We explain your entitlements and contact your insurer
We will request the TPD claim documents from your insurer.
Insurance companies can be quite uncooperative when claim forms and information are requested by people, including lawyers.
Letters from insurance companies responding to our requests are often written in a manner that is confusing and complex, and sometimes suggestive that the claimant doesn’t have TPD cover. If you don’t have a lawyer, you could be very put off by this and incorrectly think you can do nothing further.
We recommend always seeing an experienced lawyer who works solely in compensation claims law for advice.
Step 4 We gather evidence to prepare and submit your claim
After we have liaised with all the relevant parties, we will prepare the following information to submit to the superfund/insurer:
- An initial TPD Claim Form.
- Medical Attendant Statement – completed by your treating practitioner.
- Medical evidence – any report, records, or medical documents you have relating to your injury, illness and the treatment you have received.
- Employer Statement – completed by your employer along with copies of your pay/leave history.
- Your resume/work history.
- Financial documents – pay slips, taxation documents and Centrelink documents.
It is very important to have an experienced lawyer for this step. If you make a claim yourself, you may include or exclude information that could result in your claim being rejected.
Dates are also important.
Each policy has its own strict policy terms that set out when a person is totally and permanently disabled. Usually, you must establish that you are unable to perform your usual occupation or any other work that you are trained in or experienced in.
Your superannuation fund will carefully consider medical evidence regarding your illness or injury to determine this.
Step 5 Your claim is assessed, and your claim is approved
The super fund/insurer will assess your claim documents. During this time, they may ask for further information and will make a decision to approve your claim or refer it to the trustee of the superannuation fund for review.
Once your claim is accepted, your TPD insurance may be paid into your superannuation account.
You will need to decide how much money you would like to withdraw, and you will be required to sign withdrawal documents.
It may be a good idea to obtain formal financial advice about whether to withdraw all or only some of the money from your super fund.
What if my claim is rejected?
We can advise you about your rights/options if your TPD claim is rejected.
If your claim is denied/rejected by both the Insurer and the Trustee, you will be provided with the reasons for the rejection. Once you know why the insurer rejected your claim, you may have the following options:
- Lodge an internal complaint to both the insurer and your superannuation fund;
- Submit a complaint to the Financial Ombudsman Service;
- Refer the decision to the Australian Financial Complaints Authority (AFCA); or
- Begin court proceedings to ask a Judge to overturn the superannuation fund’s decision.
More Answers to FAQs
How much can I expect to receive?
It will depend on the insurance cover terms and conditions. Super funds that include TPD insurance can have cover that ranges from $30,000.00 to $500,000.00 and some are in excess of a million dollars.
How long will my claim take?
The average time for a claim to complete is between 6-12 months though some may be completed in a few months. If your claim is complex (due to a complicated injury or illness and medical history) it could take longer.
The exact length of time will depend on the terms of your policy, severity of your injury/illness, how well your claim is prepared, the amount of your claim and the complexity and or illness. Every claim is different.
The exact length of time will depend on:
- The terms of your policy. Each policy has its own definition of total and permanent disability. If your policy has a wide/broad definition, it will likely be resolved faster. If it has a very strict definition, evidence to support your claim will be needed, and your claim may take longer.
Some insurers request people to undergo rehab or retraining. Sometimes this is a fair request. It all depends on the terms of your policy. An experienced TPD Super Claims lawyer will be able to advise on this.
- The severity of your injury or illness. An insurer will usually want to investigate severe injuries and illnesses. They will often require extensive medical evidence, and extensive information about your injury and whether you can retrain etc. Sometimes this is a delay tactic and sometimes it is warranted. Our experienced TPD super claims lawyers will know the difference and can ensure your claim progresses as quickly as possible.
- How well your claim is prepared. We recommend having an experienced TPD Super claims lawyer prepare your claim. When claims aren’t prepared well, insurers can drag things out for years. An experienced lawyer will be able to challenge unnecessary requests made by the insurer. Our lawyers are experienced in dealing with insurance companies and understand confusing policy terms. We can also refer matters to the Tribunal or Ombudsman if there are unnecessary delays.
- The amount of your claim. Generally, insurers will hang onto large amounts of money and are reluctant to pay big settlements. They may employ tactics such as delaying, requiring you to undergo unnecessary medical tests, and challenging your doctors evidence.
What if my claim has been rejected/denied?
We are happy to meet you for a free first appointment. We’ll discuss the circumstances with you and give you advice about whether we think it’s appropriate to dispute the decision. If we think it is, we can assist in getting your unfair determination overturned.
There are strict time limits that apply to disputing TPD decisions. It is important to get advice quickly.
What if there is a delay with my TPD Super Claim?
Insurers will often delay claims and discourage unrepresented claimants from pursuing their entitlements. Letters from insurers can be confusing and at times lead you to think you don’t have a claim. An experienced TPD super claims lawyer can ensure you receive all of your entitlements.
Usually, an insurer/super fund has 6-12 months to make a decision. There are occasions when an insurer has delayed due to ‘unexpected circumstances’. If this is the case, they will give details about why they have been unable to reach a decision. They should also set out the next steps. An experienced TPD super claims lawyer will be able to assist in this situation and will outline the best way forward.
How does a pre-existing condition affect my TPD super claim?
In certain circumstances, you may be excluded from receiving a TPD payment due to an exclusion. This usually means you may not be entitled to TPD benefits if you had symptoms of your injury or illness prior to beginning your insurance cover.
Insurance companies refer to this as a pre-existing condition.
There are also exclusion periods for pre-existing conditions. This may mean, if you have a pre-existing condition, you can be excluded from claiming for a period of years. In some situations, you might be permanently excluded from making a claim.
How do I deal with requests for information from my insurer?
Your insurer or superfund will commonly request information such as:
- Medicare and Pharmaceutical Benefits Scheme (PBS) history.
- Tax and financial documents from the ATO
- Centrelink documents
- Medical records or reports from medical professionals.
An experienced TPD super claims lawyer will be able to assist by determining what is relevant to your claim and what is merely a delay tactic.
When can I make a TPD super claim? What is the ‘wait period?
If it seems unlikely that you will return to work, you should enquire about lodging a TPD Super Claim.
Most polices will set out a designated wait period 3 – 6 months that must expire before a person can bring a claim. You can only start your claim once this period has expired.
This means you need to have been off work for 3 – 6 months. The time differs for each fund and there may be other requirements that need to be met. For example, some superannuation funds may require that your injury or illness has ‘stabilised’ or reached ‘maximum medical improvement’ before they consider your claim.
Is it possible to have more than one TPD claim?
Yes, it is. If you have TPD cover with more than one super fund or insurer, you may be able to make a claim with each fund for the same illness or injury.
Often, people aren’t aware they are insured by multiple super funds. This can happen when you change jobs and haven’t consolidated your super. Multiple super fund memberships may mean you have multiple TPD insurance policies.
Our experienced TPD super claims lawyers will help you understand your entitlements.
Every fund has its own policy, conditions and definitions, and each case will need to be approached uniquely. Success in one claim doesn’t necessarily mean success in another claim. Also, some funds have a condition which states that a TPD payment will not be made where a claimant has already been paid a benefit.
Will my employer have to pay my claim?
Some people are concerned their employer will be liable to pay their claim or compensation. While your employer may have to provide a statement about what happened, they are actually not involved in your claim. In the case of insurance and super claims, it is the insurer who pays your claim.
Does it matter how old I am?
Your current age and the age at which you were injured or diagnosed with an illness may impact the amount of TPD benefits you will receive.
Generally, the older you are the less the insurance company is required to pay. Accordingly, it is important to make the claim sooner rather than later. Starting a claim even a year later than you could have, can impact the amount of your TPD super claim.
TPD Super Claims – We are no win no fee lawyers.
We are compassionate, experienced and committed to the efficient progression of your claim. Make an appointment to see one of our experienced injury claim lawyers sooner rather than later, to ensure your rights are protected.