Superannuation Insurance Claims
If you’re unable to work due to injury or illness, you may be entitled to make a superannuation insurance claimthrough your super fund. Our lawyers can make enquiries by way of a free claim eligibility check and advise you what insurance benefits you could be eligible to claim for you to make a super claim.
Superannuation insurance is a insurance within your superannuation policy that allows you to claim different benefits if you are unable to work due to injury or illness. With Super claims you may be eligible to make a super claim regardless of the type of injury or illness that prevents you from working. What you can claim depends on what insurance you are covered for and whether you meet the eligibility criteria.
Our superannuation lawyers can act on your behalf to help you claim all benefits and/or payouts that you be applicable to you.
Our services include:
What types of Insurance benefits could I claim?
You superannuation insurance entitlements can include:
Am I eligible to make a superannuation insurance claim?
Your eligibility to make a claim, depends mainly on whether you have:
- Insurance cover as of the date you last worked;
- stopped working due to injury or illness; and
- medical evidence that supports your incapacity to work.
Different super funds have different insurance policies and definitions but the above generally covers most requirements. Our Superannuation lawyers can help you understand your own policy and definition by obtaining it for you on your behalf for free and inform you how it applies to your specific circumstances, to better understand your eligibility.
How do I make a claim?
When is the best time to start my super claim?
As soon as you know that it is unlikely you are able to work due to your injury or illness. The reason for that is that insurance benefits have a waiting periods so its best to start your super claim whether its to make a TPD (Total and Permanent Disability) claim or income protection claim.
You can meet our experienced superannuation lawyers over the phone or in person. The free eligibility claim checkwill include
- Gathering and understanding your circumstances that led up to your inability to work;
- providing you with information so you know your entitlements, eligibility, process and what is next.
- Obtaining any necessary evidence which supports your inability to work and to meet the TPD (Total and Permanent Disability) definition.
We would notify the superfund at the time of making enquiries of our clients intention to make a claim.
We would notify the superfund at the time of making enquiries of our clients intention to make a claim.
What documents are required to make a superannuation insurance claim?
Depending on the type of claim. For example, for TPD claims, the usual definition of TPD 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 superannuation benefits claim from your insurer on the basis that you have suffered an illness or injurythe following documents are to be provided:
- claims form
- education, training and experience history
- evidence of your inability to work
- medical reports
- relevant tax records and written submissions
Given that each superannuation insurance claim is unique, the necessary documents might differ from claim to claim. It’s highly recommended to understand your superannuation policy thoroughly to receive your full entitlements in the shortest possible period. We understand that could be difficult as most policies are at least 40 pages! It is part of the process for what our superannuation lawyers do so we can break it down and tell you your eligibility and how the policy applies to your unique circumstances.
How long does it take to get a superannuation insurance payout?
Under the Life Insurance Code of Practice, an Insurer is required to decide on a super claim within six to twelve months, but this depends on whether 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. In such cases, it might take approximately 2 years or more for you to receive your super payout.
What happens if my claim is refused or denied?
Superannuation insurance claims can be denied for various reasons that include:
- not meeting the disability definition outlined in your policy
- not meeting the work history requirements
- having an inactive or invalid policy
- not providing convincing medical evidence to support your super claim
- failing to disclose pre-existing injuries
- having errors or inconsistencies in your evidence
Even if you think that you have provided all the evidence you could collect, it might still not be enough for your insurer to approve your claim
What are my options if my claim is refused?
You can either:
- Apply to the Australian Financial Complaints Authority (AFCA)
- Lodge a complaint about the super fund or insurer’s decision, which will lead to a formal review process.
- Commence court proceedings
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 find out at the end.
How much do superannuation lawyers charge?
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 you do not pay our firm anything unless we obtain your entitlements at an agreed fee.
Frequently asked questions
Am I automatically covered for superannuation benefits?
It depends on your superannuation insurance policy and when contributions were paid. Some superfunds offer certain insurances automatically but whether yours was active at the relevant date is dependant on the specific superfund and your unique circumstances. Our Superannuation lawyers can guide you and provide you with more relevant information to your case.
Does my superannuation insurance cover cancer?
It may cover, but since each policy has different conditions, you may need to go through your policy or reach our superannuation lawyers to find out whether your superannuation insurance cover cancer or not.
Can I make multiple super claims if I have more than one superannuation account?
Yes, if you are a member of more than one superannuation fund at the time that you have suffered your medical illness or injury, you might be able to claim a superannuation claim from multiple accounts.
After detailed investigations, our lawyers have helped hundreds of injured people who had multiple TPD superannuation cover to receive more than one payment for their injuries. Reach us today to start your claim!
Can I go back to work after a superannuation claim payout?
Usually, this is the last concern for a client as, at this point, they have usually given up on the prospects of returning to work, especially for TPD claims However, you could return to work if you make a good recovery.
How can I find my superannuation insurance policy?
Most people don’t know that they may have insurance cover that may cover them in case of injury or illness. If you don’t know which superfund you are a member of, you can find out by reading your payslip or contacting your accountant. Also, you can contact us for assistance on how to find out which superfunds you are with and whether or not insurance is included and whether you can make a superannuation insurance claim or not.
Who pays the insurance benefits?
In the case of superannuation insurance claims, it’s the insurer who will pay benefits. In some cases, the entity might be your private life insurer, superannuation fund, employer sickness and accident insurer.
Why choose Withstand Lawyers?
Superannuation insurance payouts are usually claimed once which means it is probably your first time claiming it. The process can get long, complex and tiresome even for those in good physical and mental health. You may consider working with our superannuation insurance lawyers to ensure the success of your claim.
Our experienced superannuation lawyers understand the process, and the evidence and information required to get your superannuation insurance claim approved in the shortest period of time. Call us on 1800 952 901 for clear and free legal advice.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
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