Superannuation & Disability Insurance

Whether you have a Superannuation Policy or you hold Disability Insurance, if you have fallen ill or are now unable to work due to a serious injury/disability you may be able to make a claim.

Knowing what claim you can make however, is important, with Total and Permanent Disability (TPD) claims often being the most commonly misunderstood. 

What are Total and Permanent Disability Claims (TPDs)?

TPD Insurance is an extremely valuable benefit that people can gain access to when they are sideline from their regular work due to mental or physical disability, or illness. It allows you to gain access to Superannuation benefits that most people generally have an entitlement too under their superannuation fund. 

A  TPD claim may  entitle you to  a lump sum payment, which can then help towards medical costs, writing off debts and act as an alternative income to help ensure that you and/or your dependents are able to continue living life as best as possible, despite the circumstances.

How Can I Find Out If My Super Has TPD Insurance?

TPD benefits do vary across different super funds yet most of them will have a certain level of TPD cover. Your entitlements will differ depending on what type of policy you have. By taking a look at your superannuation’s product disclosure statement (PDS), you will be able to find details regarding TPD benefit that you hold. If you are struggling to find these details, contact Kerin Lawyers and we can assist you in ascertaining what benefit you may have under your policy. 

Obtaining access to your super benefits is not always straight-forward. Kerin Lawyers’ experienced solicitors can help you get the compensation you’re entitled to.

What Evidence Do I Need To Show To Make A TPD Claim?

Despite common assumptions, you do not need to show that somebody is at fault for your injuries.  The definition of what constitutes an injured person being ‘totally and permanently disabled varies from policy to policy, however generally and injured person will need need to show the following:

  • Your illness or injury is preventing you from working and is likely to do so into the future;
  • You are unable to continue working in your usual job or any other occupation that your education, skills and training qualifies you to undertake.

As a general rule, if you have been sideline for six months or more due to an injury or illness and you won’t be able to return to this type of work, your claim has a good chance of being approved by insurers.

How Much Will The Lump Sum Be?

Depending on your entitled benefits within your superannuation, life insurance, income protection insurance and other occupation cover, the amount will differ. It will also differ depending on your circumstances. To help get a better idea, find out what TPD benefits your policy contains and get in touch with us.

What Time Restrictions Are Involved

If your claim has been submitted and rejected then generally a 6 year time limit will apply from the time that the claim was rejected.  Other time limits may apply depending on the circumstances of the case.

Ultimately, the sooner a claim is made the better off an injured person will be.  We encourage you to contact Kerin Lawyers to discuss your entitlements as soon as possible so that any time limits can be taken care of.

What’s The Process?

Every claim will have its differences, which will shape the way the claim process is done. However, the following is what you can expect from Kerin Lawyers when filing TPD Claims.

  1. After your initial, FREE, consultation we will ask you to sign an authority waiver, which will authorise the insurer to directly communicate with us. This is vital as without it, your insurer will not release any information to us.
  2. We will then request a copy of the TPD application forms, as well as your TPD insurance policy, benefit schedule and superannuation trust deed.
  3. You will then be invited to another meeting with us where we will fill out the forms together, have your doctors finalise any medical certificates and then we can lodge the form with your insurer.   It is common for a specialist report to have to be obtained as well as a General Practitioner report.  Kerin Lawyers will generally pay for these reports as part of our No Win, No Fee policy.
  4. As these claims can take months to be processed, we will then regularly check up on your insurance company to ensure that your claim is being handled correctly. This way, you will always know what stage your application is at.
  5. During the process, you may be required to attend a doctor’s visitation to satisfy the insurance company. Kerin Lawyers will give you the best advice possible on how to handle to appointment to improve your prospects of a favourable report.
  6. Finally, once your insurer has processed the claim and a favourable decision has been made, we will arrange the transfer of the lump sum directly into your bank account.

Let Us Help You Out

So that we can provide you with personalised and comprehensive advice, please contact us on 1300 LAWYER or complete our online enquiry form to find out we can help you. 

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