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 MelbourneRichmondCraigieburn or Werribee.

Superannuation FAQ’s

When it comes to this part of the legal space, claims can be complex. Insurers may try to find ways to disentitle superannuation and TPD claims. Having an expert superannuation lawyer engaged from the outset ensures all benefits are obtained and any barrier or obstacles presented by an insurer can be challenged.

Whilst there is no strict time frame, we recommend it’s best to lodge a claim as soon as you can. However, you can also do this a long time after your medical condition has arisen.

Our no win no fee payment structure means we will carry the full cost and financial exposure. We only recover our costs if your case is successful, so you have nothing to lose.

Our superannuation lawyers develop fair and reasonable costs in proportion to the fees being pursued for any TPD claim. You will only pay legal fees upon receiving a superannuation claim payout.

There is a new life insurance code of conduct clause stating income protection cases should be assessed and determined between three to nine months of it being lodged.

Sometimes this duration is extended. For example, if an injury or illness needs time to stabilise and you need to access further treatment. When case assessments are elongated by your insurer, this can be out of our hands. In these circumstances your life insurance lawyer will endeavour to keep you updated throughout the process.

You could be entitled to death benefits from a superannuation policy. Claims may be eligible on behalf of the deceased if their incapacity was incurred while they were covered by their policy.
Laws to this field provide guidance of who is deemed to be a preferred beneficiary on behalf of the deceased.

Once you have made the decision to pursue your entitlements, your superannuation lawyer will do all the heavy lifting for you and we manage the TPD claim with the insurer. You may be required to attend a medical examination or vocational assessment to build evidence. Your lawyer will arrange this and advise you of the next steps.

Your entitlements are calculated on your individual policy, the amount you have accumulated as well as the severity of your illness or injury. You could be entitled to the following payouts;

• Income protection
• Temporary salary which continues up to 65 years of age
• TPD lump sum amounts
• Trauma benefit
• Terminal illness lump sum benefits
• Death benefit

If your claim has been declined that does not necessarily mean your pursuit to compensation is over. Arnold Thomas & Becker will relentlessly explore every possible avenue. Firstly, we can issue a formal complaint with Australian Financial Complaints or Authority (AFCA), or we could issue court proceedings. We urge you to get legal advice sooner rather than later as time limits do apply.