Superannuation

TPD Insurance Claims Lawyers in Melbourne, Victoria

Millions of Victorians are superannuation account holders, and many have more than one account. However, many people are unaware of their entitlements. These accounts often include insurance in the form of Income Protection (IP), and Total and Permanent Disablement (TPD) benefits, which may be worth hundreds of thousands of dollars. These benefits are always in addition to your accumulated account balance held with your superannuation fund. If you are unable to work due to a medical condition, you may be able to make a claim.

With TPD superannuation claims it is not necessary for you to prove the accident or illness happened at work or was due to someone else’s negligence. Unlike other types of compensation claims you only must show that the injury or illness has significantly affected your ability to perform your usual occupation duties – or an occupational role that you are reasonably suited to, based on your education, training and experience.

At Arnold Thomas & Becker we are experts in this specialised area of law and have a proven track record of obtaining successful outcomes – including having successfully pursued a ground-breaking claim to the High Court of Australia.

Superannuation Claims – Death and Total and Permanent Disability Benefits

In the event of your death, your family may also be able to claim a superannuation death benefit from your superannuation account.

Death and TPD benefits can be very substantial and often worth hundreds of thousands of dollars.

Your entitlements to death and TPD benefits are usually not affected by any other claims to compensation you may make, such as through WorkCover or the TAC.

The TPD Insurance Claims Process

Dealing with superannuation funds and insurers can be stressful. At Arnold Thomas & Becker, our superannuation lawyers eliminate as much stress as we can – guiding you through the claim process and dealing with the superannuation fund on your behalf. We will help prepare your claim documents, and obtain relevant medical opinion and evidence to support your superannuation insurance claim to push for a speedy settlement.

The assessment timeframe of a superannuation insurance claim can vary depending on the circumstances of your claim, but we will give you a realistic estimate of the processing time from the outset.

Superannuation insurance claims are usually paid in the form of a single lump sum amount or as regular monthly payments. Lump sum payments for death and TPD can be quite substantial. If you have multiple accounts, you may be able to claim multiple superannuation insurance entitlements with each respective superannuation account.

Claim declined? Our Superannuation Lawyers can help

Unfortunately, insurance companies and superannuation funds don’t always see things your way. If your claim has been declined, we can act on your behalf and dispute an adverse decision – either by seeking internal reconsideration with the superannuation fund or insurer, or by raising an external complaint through the Australian Financial Complaint’s Authority or by issuing court proceedings.

If your superannuation insurance claim has been unsuccessful, then it is important to act as soon as possible – as strict time limits apply, which if expired, may affect your entitlements.

At Arnold Thomas & Becker we always put your best interests first.

Types of injuries which could result in a total and permanent disability superannuation claim

TPD claims could be made where injuries occurred at work, at home, in a road accident or on a sports field. Claims could also be made for illnesses and medical conditions including cancer, heart attack and mental illness.

Get one of the best superannuation claims lawyers in Melbourne on your side

With over 50 years’ experience we have the expertise and know-how to pursue successful superannuation insurance claims.

Call us on 03 9626 9541 or visit one of our offices in Melbourne, Richmond, Craigieburn or Werribee.

Superannuation FAQ’s

Superannuation claims can be complex. Funds and Insurers may try to find ways to avoid paying benefits, or employ tactics to protract the assessment of a claim. Having an expert superannuation lawyer engaged from the outset ensures all of your benefits are obtained and any barrier or obstacles presented by the fund and insurer can be quickly challenged.

There is no strict timeframe to pursue a superannuation insurance claim, however we recommend that you lodge your claim as soon as you can.

We offer a no win no fee payment option to pursue superannuation insurance benefits. This means you will only pay our legal team if your case is successful. And unlike other firms, we do not require litigation funding to pursue your claim.

We charge fair and reasonable costs in proportion to the superannuation insurance benefit being claimed, and the amount of work required to successfully resolve your claim. Before proceeding with your claim, we will advise you of our estimate of legal fees so there are no nasty surprises at the end of your claim. And you will only pay our legal fees if your superannuation insurance claim is successful.

There are no specific time limits within which a superannuation fund or insurer must consider your superannuation insurance claim.

However, under the Life Insurance Code of Conduct, Income Protection claims should be assessed and determined within 3 to 6 months from the date the claim was lodged; and lump sum claims (such as TPD and Trauma benefits) within 6 to 12 months from the date of lodgement.

In some cases, the time for a claim to be determined can be extended beyond these periods if there is issues regarding the stability of your illness or injury, or if you require ongoing treatment for your condition.

If a person has passed away, their superannuation fund must pay the deceased’s death benefit, including an insured lump sum held at the time of their death, to the appropriate person. You could have a claim for payment if you are:

  • A beneficiary nominated by the super fund member
  • Were dependent on the deceased, such as a child
  • Were dependent of the deceased, such as a spouse
  • Were otherwise in a close personal relationship

Speak to one of our expert superannuation lawyers to advise you on your entitlement to claim a superannuation death benefit.

We will do all the heavy lifting in pursuing your superannuation insurance entitlement, so you can focus on your treatment and rehabilitation. We request that you keep our office updated as to any changes to your treatment, or capacity to perform employment activities. The Fund or Insurer may require you to attend an independent medical examination or vocational assessment to assist with the assessment of your claim. If these appointments are arranged, your superannuation lawyer will talk you through the process and advise you of what to expect.

Your superannuation insurance entitlements can vary from fund to fund, and policy to policy. Generally, the main superannuation insurance entitlements available to claim:

  • Income Protection/Salary Continuance benefits;
  • Total and Permanent Disablement (TPD) lump sum benefits;
  • Trauma benefits;
  • Terminal Illness/Death benefits

How much you can claim depends on the type of insurance policy in place. TPD, Trauma benefits, Terminal Illness and Death benefits are usually a lump sum payment.

Income Protection/Salary Continuance benefits are based on a percentage of your pre-injury earnings (usually capped at a monetary amount), and payable for a set period of time. These insurance benefits are subject to income tax and may be reduced if you’re receiving WorkCover or TAC statutory payments, Centrelink benefits or other insurance benefits at the same time, but not always.

If your superannuation insurance claim has been denied, you may have options to challenge this decision.

In the first instance, you could seek reconsideration and review of the Fund and Insurer’s decision. If necessary, updated medical evidence can be provided to the Fund or Insurer to support the reconsideration of your claim.

If the reconsideration of your claim doesn’t provide a positive outcome, you can raise an external complaint to the Australian Financial Complaints Authority (AFCA), or issue court proceeding.

We encourage you to obtain accurate and expert legal advice as soon as possible to ensure your rights are protected as time limits do apply.

A superannuation insurance claim can be pursued for any illness or injury (physical or mental) that affects your ability to perform employment activities.

We have successfully pursued claims on behalf of clients regarding injuries sustained at home, in a public place, in a transport accident, and from work activities.

If you hold an active superannuation account with insurance, or have purchased an individual retail policy for insurance benefits, you can claim these benefits if you are self-employed and are suffering from an illness or injury that is affecting your ability to work.

Generally, superannuation insurance benefits are provided to people aged between 18 and 65 years.

If you are suffer from an injury or illness that is affecting your ability to work, and are aged between 18 and 65, you may be entitled to pursue a superannuation insurance benefits.

Your superannuation claim will not be determined based on your age, but rather the medical opinion and evidence that confirms how you illness or injury affects your ability to perform your usual employment duties, or any other employment duties within your education, training or experience.

If you are injured at work, or in a transport accident, and those injuries have affected your ability to perform employment activities, you can pursue a claim for superannuation insurance benefits while in receipt of WorkCover and TAC entitlements.

And often, lump sum superannuation insurance benefits will not affect your WorkCover or TAC entitlements.

A superannuation insurance claim can be pursued for any illness or injury – including psychological – that affects your ability to perform employment activities.

If your superannuation insurance claim has been declined, strict time limits apply.

If you lodged your claim within 2 years of ceasing employment, you have 2 years from the date your claim was declined to raise a complaint with the Australian Financial Complaints Authority. If your claim was lodged after 2 years of ceasing employment, AFCA may not have jurisdiction to assist with your complaint.

Otherwise, there is a 6 year time limit to file court proceedings in most cases. Usually, that 6 year period commences when a fund or insurer rejects your claim for the first time, but that is not always the case.

We encourage you to obtain accurate and expert legal advice as soon as possible to ensure your rights are protected.