Personal Injury
Superannuation and TPD Claim Lawyers

You may already have TPD insurance through your superannuation fund, even if you did not apply for it separately.

Most superannuation funds will automatically provide you with life cover and TPD insurance. This information can be found on a recent member statement however if you are unsure we can investigate your entitlements for you.

When you can start a superannuation or TPD claim depends on the definition in your insurance policy and how long you have been unable to work due to injury or illness.

Generally you can start a claim once you have been off work for a period of three or six consecutive months due to your injury or illness depending on the terms of your policy.

The TPD claim process usually involves confirming your insurance cover, gathering evidence, preparing claim forms, lodging the claim with the superannuation fund and responding to any insurer or trustee assessment.

We will make the process as easy as we can for you.

1. We will obtain initial information from you which will allow us to make enquiries with your fund to find out what insurance cover you have.
2. We will then gather necessary evidence from you, your employer and your treating providers which will allow us to prepare the relevant claim forms that your superannuation fund requires to lodge a claim.
3. We will submit your claim with your fund for assessment who will also send it to the trustee for their assessment.

In some instances, you may be required to attend an independent medical examination.

In the event that your claim is rejected, we will discuss what further action you can take.

Generally, it takes anywhere from six to twelve months to receive a decision from your superannuation fund. The timeframe can vary depending on the policy definition, the medical evidence required, employer information, trustee assessment, insurer questions and whether the claim is accepted or disputed.

Yes.

If you hold total and permanent disablement cover with more than one superannuation fund you can make a claim for the same illness or injury across each fund you are a member of if you have the relevant insurance cover.

Just because you are successful in one claim does not necessarily mean that you will be successful in another claim because each fund has its own policy terms and definitions.

Generally speaking if your employment has not been formally terminated there is no time limit in lodging a claim against your superannuation fund for total and permanent disablement.

If your employment has been formally terminated then you are required to lodge any claim for total and permanent disablement within two years of the date of termination.

If the superannuation fund rejects your claim after lodgement you will then have six years from the date the claim is rejected to commence court proceedings.

There is no tax payable if you are aged 60 years or over.

If you are not 60 years or over any amount received as a result of a total and permanent disablement claim will require you to pay tax. The calculation differs from person to person and from fund to fund if you have multiple funds.

If successful in your claim your superannuation fund will automatically calculate the amount of tax payable on your behalf and forward this directly to the Australian Taxation Office.

Your superannuation account balance is usually paid only when you retire from the workforce on or after reaching the preservation age however, in some circumstances, you may be able to make an application for the early release of your superannuation account balance.

Generally speaking, early access to your preserved benefit may be possible if:

• the member is suffering severe financial hardship
• a payment is warranted on compassionate grounds
• the member is permanently incapacitated, in which case all preserved benefits are payable
• the member is temporarily incapacitated, in which case payments may be available under some conditions for the period of incapacity
• the member dies, in which case all preserved benefits are payable
• the preserved benefit account balance is under $200.00
• the member is a temporary resident of Australia and permanently leaves Australia, or
• the member has a terminal illness.

Further, preserved superannuation benefits can also be released early on compassionate grounds if the money is required for:

• the cost of medical or dental treatment that is not ordinarily available in the public health system or for medical transportation costs for the member or a dependant of the member; or
• loan repayments to prevent a mortgage sale or foreclosure, limited to three months mortgage repayments plus 12 months interest on the outstanding mortgage in any 12-month period; or
• the cost of modifications to the home or motor vehicle of a severely disabled member or dependant to accommodate their special needs
• palliative care expenses of a member; and/or
• palliative care or funeral expenses of a dependant.

Stacks Goudkamp’s superannuation and TPD lawyers can help investigate your insurance cover, prepare the evidence required by your policy, deal with the fund or insurer and guide you through any dispute or rejection.

We have over 40 years combined experience in superannuation and TPD claims. We pride ourselves on providing clear, quality advice every step of the way.

Contact our superannuation and TPD insurance lawyers now for an obligation-free chat about your circumstances.

Stacks Goudkamp’s superannuation and TPD lawyers act on a No Win No Fee basis for eligible TPD claims, meaning you do not pay legal fees unless your claim is successful.

Engaging an expert TPD lawyer at Stacks Goudkamp will allow you to focus on caring for yourself and your injuries and maximise your settlement amount, saving you significant time, stress and money in the long run.

After obtaining the relevant documentation from your superannuation fund if it transpires that we cannot assist you in your claim, or we feel that you do not have any prospects of success, we will not charge you for any work that we have previously performed.

During the administrative stage of lodging the claim and providing additional details the superannuation fund is not liable for your legal costs. Further, the fund is not liable to pay any of your legal costs unless and until we successfully pursue court proceedings.

Our costs agreement carefully sets out and contains fee estimates for the various stages of the claim both pre-litigation and post-litigation.

Our expert superannuation and TPD lawyers will act for you on a no win, no fee basis, meaning you won’t pay a cent unless we win your claim. When your claim is finalised, the fees will come out of your settlement figure, meaning you will have no out-of-pocket legal fees.

A TPD insurance claim usually does not depend on proving who was legally at fault. The key issue is whether you held TPD cover, stopped work because of injury, illness or a medical condition, and meet the definition of total and permanent disablement in your policy.

You do not need every document before contacting a TPD lawyer. Helpful information may include your superannuation member statement, insurance documents, medical certificates, specialist reports, employment records, payslips, Centrelink or workers compensation documents, insurer letters and any correspondence from your super fund.

Yes, you may still have options if your insurer says you are not totally and permanently disabled. A TPD lawyer can review the policy definition, medical evidence, employment history and insurer reasons to advise whether the decision can be challenged or further evidence should be provided.

Look for a TPD lawyer with experience in superannuation insurance claims, policy interpretation, medical evidence, insurer disputes and rejected TPD claims. You should also ask how legal fees work, whether the firm offers No Win No Fee support, who will manage your claim and how often you will receive updates.