Superannuation claims

Superannuation Claims

disability in campbelltown

Our friendly legal experts fight for your compensation

Total & Permanent Disablement claims

You may have an entitlement, but not all Super Funds take out insurance on behalf of their members to provide extra benefits in the event of death or disability.

What are the extra benefits?

The extra benefits will depend on what your Super Fund has agreed upon with the Super Fund’s insurer, but the type of insurance generally provided for is a lump sum payment in circumstances of a member’s Death or Total and Permanent Disability (TPD).

Sometimes, there may also be a benefit for partial payment when a member becomes partially disabled. This may be in the form of a pension or monthly payments paid for a period of up to two years or more.
What if I had my disability before I joined the super fund?

Importantly, because the insurance policy is not taken out by you but your Super Fund, the Super Fund’s insurer will not usually require you to complete an application form at the time of becoming a member.

In this case, the TPD or disability insurance will operate automatically and cover you on becoming a member of the Super Fund rather than having to apply and be accepted.

What this means is that you may still be covered for a pre-existing disability or illness where the disability or illness causes you to stop work while you are a member.
Does my disability have to be caused by work?

Entitlement to extra benefits under a Super Fund has nothing to do with whether your disability is related to your employment or the work you were doing when you became disabled. For example, the disability may be due to cancer or heart problems or mental stresses unrelated to work.
What if I am receiving a pension?

Under a Super Fund, the entitlement to benefits or right to keep benefits will usually be unaffected by whether you have received compensation or damages from a court case or whether you are on a disability payment from Centrelink or Veteran Affairs.
How do I know if I am entitled?

Our firm is highly specialised in this area of law. We can help you identify what information is required and whether the Super Fund and the Super Fund’s insurance company has decided if you are eligible to claim and receive 
a benefit.
Are there time limits?

While every Super Fund has different rules about claiming and eligibility, there is no time specified by any law for making a claim.

However, delay or a failing to act in a timely manner will always be a factor in decision making. You should make a claim as soon as possible.
How long will it take?

This area of law requires a high level of specialisation and involves knowledge of different areas of the law. Moreover, most Super Funds put the responsibility of providing medical and financial information onto the member.

Some claims are simple and straightforward and others are more complicated.

As a rule of thumb, if all the information is available, it will take around 6 to 12 months for both the Super Fund Trustee and the insurer to reach a decision.
Why use our firm?

Gorman Jones Lawyers regularly act for clients on superannuation claims and have built up the expertise and knowledge necessary to be effective in this area of work.

Because claims for compensation under insurance policies taken out by Super Funds involves knowledge and experience in a number of areas of law, these cases are not undertaken by most solicitors. For that reason, you need the specialised skills provided by our firm.
What do I have to do?

Contact our firm to arrange a conference to discuss whether you may have a claim or not.
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