Who are Superannuation claims lawyers and what do they do?
While you might know that having superannuation is necessary if one wants to work in Australia to provide for retirement, it may not be as well-known that your superannuation fund goes beyond this. For example, a member is eligible to make a claim on their superannuation benefits provided the policy includes Total and Permanent Disability Insurance and you meet the eligibility criteria below such as being unable to work because of an illness, injury or any other medical reason. Note that this illness or injury does not have to be work related, and the requisite superannuation claim benefit to cover these unfortunate events may include a monthly income payment or lump sum insurance pay-out. Given the fact that each situation and policy is unique, what monetary amount can be claimed can vary depending on the policy- from, for example, a Total and Permanent Disability (TPD) benefit payment which is usually on average anywhere between $50,000 – $350,000, whereas income protection benefit of up to 75% of your gross wage may be paid in instalments.
As it is quite difficult for the exact claim amount to be assessed, the role of our Superannuation claims lawyers are to put your mind at ease by way of: communicating with your insurer on your behalf; collating all the important facts and details; and ensuring you receive the full superannuation benefit where you are clearly entitled. If the above information has not acted to resolve certain doubts that you have in your mind regarding superannuation insurance, then it may be important to note that where either of these superannuation benefits are claimed, it does not come out of your super. Therefore, where a claim is made and it is successful, the benefit you receive will be paid from a separate insurance policy that your super fund opened on your behalf when you joined as a member.
When can a superannuation claim be lodged, and how can it be claimed?
Superannuation insurance claims can be claimed as soon as you are unable to work due to illness, injury or any other medical reason. With regards to the process that is followed in making a superannuation insurance claim it depends on which benefits you are eligible for- falling into one or more of these categories: Total and Permanent Disability (TPD); Income protection benefits; or Terminal illness benefits. Despite the difference in each process, it may be noted that the steps taken in making a claim remain the same- and in consultation with our experienced Superannuation lawyers, it includes: initial consultation with you and gathering of details; investigation of your entitlements and determination of your eligibility based on your policy and advice provided to you in the clearest and most easy to understand way. Our superannuation lawyers would then obtain any necessary evidence which supports your inability to work and to meet the TPD definition. Once our superannuation lawyers are satisfied that you meet the eligibility criteria, our superannuation lawyers would lodge your claim.
What are the requirements of making a superannuation insurance claim?
Given that each TPD claim is unique, and further the type of TPD claim made will dictate what the insurer requires you to prove, as there are special elements that must be met for a TPD claim to succeed. The usual definition of TPD for the ‘any occupation’ definition, is that you are considered totally and permanently disabled if you are unable to work ever again in ‘any occupation’ for which you are suited by ‘education, training or experience.’ In addition, where you wish to pursue a TPD benefits claim from your Insurer on the basis that you have suffered an illness or injury that has radically changed the way you live, you must be aware of the fact that the following documents are to be provided: claims form; medical reports that support the claim; and relevant tax records and sometimes even written submissions.
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.
How long does a superannuation insurance claim take, and what are the time limits imposed on it?
Under the Life Insurance Code of Practice, an Insurer is required to decide on a TPD claim within six to twelve months- but this depends on whether or not the TPD 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. In respect of the time limit attached to TPD insurance claims, it can be said that a claim is most commonly required to be notified as soon as possible after the date work is ceased. This infers that once you become either inured or ill, and it has forced you to stop working, a claim can be taken to our superannuation claim lawyers at Withstand Lawyers who are ready to assist, by guiding you at every step of the way.
Why should you use Withstand Lawyers to assist you with Superannuation and TPD insurance?
At Withstand Lawyers, we are dedicated in helping you to receive the benefits that you rightly deserve, especially where you have suffered an illness, injury or other medical condition that has changed your ability to work. We are always ready to listen to your story, collect all the paperwork that you may be feel confused by and communicate with experts such as medical professionals and insurers on your behalf to ensure that you can receive the best result and pay-out possible. With the knowledge that any kind of accident sustained by yourself, whether it be a motor vehicle, work, or medical negligence incident has left you distraught and you need someone to represent you such as well-experienced Superannuation lawyers, we work on a No Win- No Fee arrangement. This means that unless we are successful in reaching settlement and having your TPD insurance benefits paid out, you will not pay any costs or disbursements we require such as medical or other expert reports.
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