Have you lodged your own total and permanent disablement (TPD) claim? If so, you might have received a procedural fairness letter from your superannuation insurer. If this sounds familiar, it is important to know the purpose of this letter and your legal rights.

If you have been forced to stop work as a result of an injury or medical condition you may have lodged a claim for total and permanent disablement under your superannuation policy without having first obtained legal advice.

In TPD claims it is a common occurrence that the insurer will issue a preliminary decision otherwise known as a procedural fairness letter. These letters are designed to notify you, the policyholder, of the insurer’s intention to decline your claim. The letter will often set out the various documents the insurer is relying upon which are adverse to your claim and which it is using to justify its decision to decline your TPD claim.

The primary function of the procedural fairness letter is to provide you with an opportunity to provide further submissions or any additional material to support your claim within a specified period of time. This time limit is usually 28 days. It is important to act quickly after you have received this letter and provide any further documents or arguments supporting your claim to the insurer.

If you have been bringing your claim by yourself and receive a procedural fairness letter, we would recommend that you seek legal advice. Your lawyers can then assess your claim and make further submissions on your behalf.

If you have been managing your TPD claim on your own or have received a procedural fairness letter and would like to seek legal advice please contact Karina Heywood, Superannuation Team Leader on 1800 25 1800 or make an online enquiry.

Written by Karina Heywood

Karina Heywood is the Team Leader of the Superannuation Team at Stacks Goudkamp. Karina has experience working for clients in superannuation and TPD claims.