Superannuation and Personal Disability claims

On or about 1992 superannuation has been compulsory for all employers who must pay significant contributions at the current rate of 9% per annum into a superannuation fund for employees if they earn at least $450.00 per month. Many of these funds have lump sum disability and death benefits as do many insurance policies such as life insurance, income protection and mortgage insurance policies. Many people are aware of superannuation but may not be aware that their policy may cover partial and/or total permanent impairment resulting in a significant lump sum payable to them and/or their family. People are often injured or incapacitated at work or due to poor health, forced to give up work and can no longer continue in their usual occupation full time. As a result they may be entitled to lump sums for total and/or permanent disablement (PPD or TPPD respectively.

Superannuation funds generally assess matters in house and they have what is known as a fiduciary duty to act fairly. It is no surprise that these institutions do not always act fairly and often reject people with excellent claims. We are able because of our expertise in medical and negligence and insurance law to be able to assist people in proceeding successfully with such claims so they may receive a lump sum. Essentially, if successful, we will force the trustees of the superannuation fund, a group of people to use their discretion correctly and abide by the terms and conditions of the policy of superannuation. The have an ethical and legal fiduciary duty to look after their clients. We have had many successful claims against superannuation funds whether they are government or privately run whereby many injured workers and/or seriously ill people have received very significant lump sum total and partial permanent disability benefits in the many hundreds of thousands of dollars.

It is important to note that you don't need to be totally and permanent unable to work. The general definition required entitling you to a superannuation lump sum benefit is "that you are partially and/or totally permanently disabled and unfit for your old job or any other suitable job that relates to your education training and experience. This is an important distinction to understand as it opens the doorway in many instances to a lump sum claim against the superannuation fund. If you have a complaint about your superannuation fund you can initially refer the matter to the insurance ombudsman service or alternatively refer it to the insurance counsel of Australia for their independent review. Alternatively, we can assist you with regards a submission to either one of these bodies or alternatively bring an action against the superannuation fund for failure to utilise their discretion appropriately and in your favour.

Remember you may have a claim if you have ever had:-

a. private super;
b. income protection insurance
c. employment disability insurance;
d. life insurance;
e. trauma insurance;
f. mortgage protection insurance;
g. loan protection insurance;
h. sickness or accident insurance;

There are time limits within which to bring claims as defined by the relevant superannuation fund. So you must act promptly and lodge an appeal as a matter of urgency. Often based on our past experience partial and/or total permanent disability claims must be made within 2 years of permanently stopping work and/or the first rejection of the claim. Unfortunately, the time period changes from state to state and as defined by the superannuation fund and accordingly you should seek our assistance as a matter of urgency. In advance of any appointment please obtain from the superannuation fund a copy of your benefits, the policy and your most recent statement.

If you are no longer able to work and no longer able to perform all duties of your usual occupation full time, you may be entitled to a significant lump sum benefit in addition to any workers compensation or weekly or monthly superannuation payments being paid to you already.

Take The Next Step

At Gerard Malouf & Partners we offer a service of the first consultation free to ascertain details of your claim & explain our services that only require payment if the action we undertake on your behalf is successful.