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Superannuation Lawyers

Issa Rabaya

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Issa Rabaya

Principal Lawyer and Director · Last updated 24 August 2026

4.9 from 265+ verified Google reviews Read all reviews

Key Takeaway: If you cannot work because of injury or illness, you may be able to claim a lump sum from the insurance built into your superannuation. This total and permanent disability (TPD) benefit is separate from any Centrelink or workers compensation payment. Withstand Lawyers reviews every super account you hold and claims on a no win, no fee basis.

Superannuation Claims: Quick Answers

What is a superannuation TPD claim?
Most Australian super funds automatically include total and permanent disability insurance. A superannuation TPD claim lets you access that benefit as a lump sum when illness or injury permanently stops you working. You do not need to have been hurt at work, and the payout is separate from your retirement savings balance.
How do I find out what super insurance I have?
Check every current and past super fund, including any you opened years ago and forgot. Your annual statements, MyGov and the fund itself will show whether TPD cover is attached. Because people often hold multiple policies, Withstand Lawyers traces all of your accounts so no entitlement is missed before we lodge your claim.
What if my super fund has already knocked back my claim?
A rejection is not final. Insurers sometimes apply the wrong disability definition or overlook key medical evidence. You usually have the right to ask for an internal review, complain to AFCA, or take the matter further. Withstand Lawyers can examine the reasons, build a stronger case and pursue the benefit again for you.

If your unable to work due to an injury or illness, you deserve the best legal advice on what insurance benefits you could be eligible to claim. Our Superannuation Lawyers in Sydney will advise you on your entitlements and how to claim them. Call us now or fill out the form below.

  • No Upfront Costs
  • No Win No Fee Guarantee
  • Offices Conveniently Located in Sydney


Call Now 1800 952 898

If your unable to work due to an injury or illness, you deserve the best legal advice on what insurance benefits you could be eligible to claim. Our Superannuation Lawyers in Sydney will advise you on your entitlements and how to claim them. Call us now or fill out the form below.

  • No Upfront Costs
  • No Win No Fee Guarantee
  • Offices conveniently located in Sydney


Call Now 1800 952 898

What am I
Entitled to?


  • Total and Permanent Disability Payment


  • Income Protection Benefits


  • Terminal Illness Benefits

What is the process for making a claim?

1
We will listen carefully to your situation. We will make sure you actually understand your insurance benefits and how to claim them.
2
Obtain relevant documents to support your claim and maximise your claim and chance of your claim being approved.
3
Negotiate with the other side to have your claim approved in the quickest possible time.

Frequently Asked
Questions?

How long does a superannuation insurance claim take?

Under the Life Insurance Code of Practice, an Insurer is required to decide on a superannuation claim within six to twelve months, but this depends on whether or not the superannuation claim is considered complex or not. For instance, where the claim is more serious and requires greater medical or expert evidence to demonstrate how the illness or injury has dramatically affected your life, it is inevitable that the insurance claim process will take much longer than one that is not as detrimental. 

What can I do if my superannuation injury claim is refused?

Don’t worry if your claim is refused; insurance companies can make incorrect decisions and you are entitled to a review for their decision. If you think that what they say is unfair, then you can submit a formal complaint to your superannuation provider. Also, you can reach the industry tribunal or financial ombudsman service to make a complaint. Feel free to contact our superannuation lawyers to get the best advice for your claim.

What rights of appeal are available to me if I am not happy with the decision made regarding my superannuation insurance claim?

You can either: appeal to the Australian Financial Complaints Authority (AFCA); or secondly, lodge a complaint about the super fund or insurer’s decision- which will lead to a formal review process. Irrespective of this, you must be aware of the fact that your claim is more likely to be successful where strong supporting evidence, such as medical reports and loss of income due to the illness or injury sustained is given. Our superannuation lawyers will be able to advise you in the clearest possible way as to whether or not you have reasonable prospects of succeeding in your superannuation insurance claim without having to go through the process and finding out at the end.

Who is entitled to claim superannuation death benefits?

Dependents of the person who passed away are eligible to make a superannuation claim to receive death benefits. Dependents include but are not limited to the partner, children and financially dependent person.

Am I automatically covered for superannuation benefits?

When you are unable to work, you may claim superannuation compensation from your individual insurance fund, depending on your individual policy. So, technically you are covered but that does not mean that you will receive superannuation benefits. You will need to make an official claim to your insurer by presenting necessary evidence.

What evidence do I need to provide for my superannuation claim?

You should be able to provide a medical certificate from an approved specialist to show you qualify for a payout. Also, you should provide details of your role at work and why you are unable to work due to your injury or illness. Once you draft all necessary documents, you will need to fill out the claim form to commence your superannuation claim.

Can I go back to work after a superannuation payout?

The short answer is: it depends on your insurance policy. You might be able to go back to work and perform a different job because the superannuation insurance payout is received by people unable to perform their usual occupations.

Also, new medical techniques might treat your illness or injury. In that case, your superannuation payout would not prevent you from finding a new occupation.

How much do lawyers charge for superannuation claims?

Different companies may charge fixed or variable amounts: however, at Withstand Lawyers, you do not have to pay for upfront costs and out of pocket disbursements. Our team works on a No Win No Fee basis which means that do you not pay our firm anything unless we obtain your entitlements.


Call Now 1800 952 898

Superannuation Claims FAQ

What does TPD stand for in a super claim?
TPD stands for total and permanent disability. It is an insurance benefit attached to most superannuation accounts in Australia. If illness or injury permanently prevents you from working in your usual occupation, the policy can pay a lump sum. The exact wording of the definition varies between funds and matters a great deal.
Can I make a TPD claim if my condition is psychological?
Yes. TPD cover is not limited to physical injuries. Depression, anxiety, post traumatic stress and other psychological conditions can all support a claim if they leave you unable to work. Because insurers often scrutinise mental health claims closely, strong medical evidence and careful preparation of your file are especially important.
How long do I have to lodge a TPD claim?
There is no single national deadline, but most super funds require you to have stopped work for a waiting period before you can claim, and insurance cover can lapse once you leave a fund. Acting early protects both your policy and the medical evidence your claim depends on, so it is wise to seek advice promptly.
Will claiming TPD affect my other compensation claims?
Generally no. A TPD benefit comes from your own insurance policy, so you can usually pursue it alongside workers compensation, a motor accident claim or income protection. Each has different rules, and some benefits can interact, so it helps to have one legal team coordinate all of your entitlements to avoid unexpected reductions.
How much does a superannuation claim lawyer cost?
Withstand Lawyers runs superannuation and TPD claims on a no win, no fee basis, which means you pay nothing up front and legal fees are only payable if your claim succeeds. This lets people who are already out of work pursue their entitlements without financial pressure. We explain all costs clearly before you commit to anything.
What evidence do I need for a TPD claim?
A strong TPD claim usually relies on medical reports from your treating doctors and hospital consultants, evidence of your work history and duties, and the specific definition of disability in your policy. Insurers assess whether you can realistically return to suitable work. Gathering thorough, consistent evidence early is often what decides whether a claim is paid.
Can I claim TPD from more than one super fund?
Yes. If you have held several super accounts over your career, you may have TPD cover in each of them, and you can often claim on multiple policies for the same injury or illness. Many people miss benefits simply because they forget about old funds. Withstand Lawyers traces every account to maximise what you recover.
What if my superannuation claim has already been rejected?
A declined claim is not the end of the road. Insurers sometimes apply the wrong definition, overlook medical evidence or misread your work capacity. You generally have the right to have the decision reviewed or challenged. Withstand Lawyers can assess the insurer reasons, gather stronger evidence and pursue the claim again on your behalf.
Issa Rabaya, Principal Lawyer and Director at Withstand Lawyers

About the author

Issa Rabaya · Principal Lawyer and Director

Admitted to the Supreme Court of NSW and High Court of Australia   LLB   IRO-approved   Law Society of NSW

Acts for injured people in CTP, workers compensation, TPD and public liability claims.

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Why Choose Withstand Lawyers for Your Superannuation Claim?

When illness or injury takes away your income, chasing a super fund for a payout is the last thing you have energy for. That is exactly what Withstand Lawyers is here to do. We track down every superannuation policy you hold, interpret the insurer definitions, assemble the medical evidence and handle every piece of correspondence. Our team has guided Australians through superannuation and TPD claims for years, always with honesty and genuine care for what you are going through. You will never be left wondering what is happening with your claim. Over $47 million recovered, 99% success rate, no win, no fee.

Call Withstand Lawyers on 1800 952 898 for your free claim check today.

No Win, No FeeOver $47M Recovered99% Success RateSuperannuation & TPD Claims
Google Reviews

4.9 ★ — 265+ Reviews

Iza Lavado
Jan 2024
★★★★★

“I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.”

JA JA
Jan 2026
★★★★★

“I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.”

Brody Collier
Jul 2026
★★★★★

“Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.”

Bluskies Cleaning Team
Jul 2026
★★★★★

“Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.”

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